W.P.No.4540/2010
Sukh Lal Rajak Ramphal Rajak
9.8.2010
Sarvashri S.P.Sinha and Ashok Sinha, counsel for
petitioner.
Shri M.P.Rajak, counsel for respondent.
This petition is directed against an order Annexure P-1
dated 18.2.2010 by I Additional District Judge, Katni in Civil
Misc. Appeal No.11/2009, by which an appeal preferred by
respondent Ramphal Rajak against an order dated 30.7.2009 by
the II Civil Judge Class-II, Katni in civil suit no.261-A/2006 was
allowed and a temporary injunction was issued against the
petitioner restraining the petitioner to alienate the suit land
during the pendency of suit.
Learned counsel for petitioner submitted that so far as
alienation is concerned, the petitioner herein is not alienating
the land, but the respondent in the garb of certain findings
recorded by the trial Court in respect of possession is interfering
in the possession of the petitioner. He has placed reliance to
certain documents in this regard.
From the perusal of order passed by the Court below, we
find that the appellate Court after appreciating the documents
Annexure P-5 and Annexure P-6 recorded certain findings, but
has not issued any temporary injunction in respect of
possession. The petitioner herein has been restrained only from
alienating the land. Apart from this, it is brought to our notice
that the suit is at the stage of recording evidence.
In view of aforesaid, at this stage, no interference is made
in the impugned order and the trial Court is directed to decide
the suit expeditiously. It is also observed that the finding
recorded by the appellate Court in the order dated 18.2.2010
W.P.No.4540/2010
Sukh Lal Rajak Ramphal Rajak
shall be treated as tentative only for the purpose of deciding
application under Order 39 Rules 1 & 2 C.P.C., and the trial
Court shall be free to record its own finding after due
appreciation of evidence.
With the aforesaid direction, this petition stands finally
disposed of, with no order as to costs.
C.C., as per rules.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
JUDGE JUDGE
M.