KHUMBONGMAYUM BABU SINGH Vs. MANIPUR COLLEGE IMPHAL

JUDGEMENT

(1.) THIS revision petition under Section 115, CPC, is directed against the order dated 11. 07. 2003 passed by Ld. District Judge, Manipur East in Civil Misc. Appeal No. 7 of 2003 setting aside the interim temporary injunction order dated 17. 09. 2002 passed by the Civil Judge, Junior Division, Imphal in Judl. Misc. Case No. 100 of 2002.

(2.) THE case of the petitioner, in brief, is that he is the owner-pattadar in possession of the homestead land under Dag No. 18 of Patta No. 47/203 (Old) and 47/340 (New), ("the suit land" for short ). He instituted the suit against the respondents claiming a decree declaring his title over the suit land and a perpetual injunction restraining the respondent No. 1, his men and parties from committing trespass into the suit land, etc. simultaneously, the petitioner also filed an application under Order 39, Rule 1 (a) and (c) of Code of Civil Procedure (hereinafter called "the Code" for short) for temporary injunction to restrain same respondents from entering into the suit land pending disposal of the suit.

(3.) AFTER hearing both the parties, the Ld. Civil Judge held that the suit land is in danger of being wasted or damaged by the agents of the respondent No. 1 and accordingly passed the order dated 17. 09. 2002 for maintaining status quo of the suit land as on the date of passing the order. Aggrieved by this order, the respondent No. 1 preferred an appeal before the Ld. District Judge, who after hearing both the parties set aside the said order of temporary injunction.