By means of this writ petition the petitioners have come up to this Court challenging the order of the trial court as well as the appellate court by which their application under Order XXXIX Rule 1 and 2 CPC has been rejected and the appeal under Order XLII Rule 1(r) CPC has also been rejected.
The petitioners had filed a suit being Suit No. 729 of 2011 for prohibitory injunction with regard to suit property being araji no. 488 area, 0.0490 hectares. The petitioners had earlier moved an application under Section XLI of the Land Revenue Act for settlement of the boundary of the said plot which was identified in those proceedings. Relying upon the same the petitioners made a prayer that the respondents be restrained from interfering in the possession of plot no. 488. The trial court as well as the appellate court rejected the application holding that the correct boundary of plot no. 488 is not identifiable on the spot and, therefore, no injunction can be granted.
Learned counsel for the petitioner submits that the proceedings under Sectin XLI of the Land Revenue Act has clearly defined the area and, therefore, the trial court as well as the appellate court erred in law in not granting interim injunction on the basis of the order passed under Section XLI of the Land Revenue Act. The suit itself is of 2011. From the initial stage the petitioners have not been able to obtain any interim injunction.
The matter requires consideration.
Issue notice to respondents no.3 to 5 returnable at an early date for which learned counsel for the petitioners will take steps within a week.
The respondents may file counter affidavit within one month.
List the matter after service notice.
Order Date :- 10.12.2014 SKM