BENILAL Vs. RAGHUNANDAN

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order dated 4.8.1995 passed in Civil Revision No. 96/1993 by the First Additional Judge, Mudwara whereby he has confirmed the order dated 21.6.1993 passed in MCC No. 3/1986 by the First Civil Judge Class-II, Mudwara.

(2.) THE respondent No. 1 filed a Civil Suit No. 136-A/85 for grant of permanent injunction against the petitioners wherein he pleaded that although the petitioners had constructed about four feet wall, they be restrained from further raising the said wall. The respondent No. 1 also applied for grant of temporary injunction. The trial Court allowed the application for temporary injunction and restrained the petitioners from making further construction in the suit premises.

(3.) ON 3.5A993 petitioners filed an application MJC No. 3/86 under section 151 of the Code of Civil Procedure before the trial Court stating that the entire construction which was raised, after passing of the order of temporary injunction, has been demolished by them and since they have complied with the order of temporary injunction, the order of civil imprisonment be recalled. The trial Court rejected the said application by order dated 21.6.1993. Petitioners then filed a Civil Revision No. 96/1993 before the First Additional Judge, Mudwara, which too has been dismissed by the impugned order.