- (1.) THIS is a plaintiff's application in revision against the order passed in appeal dismissing the plantiff's appeal. The plaintiff in stituted, a suit inter alia for the relief of permanent injunction to restrain the defendants Nos. 1 to 13 from obtaining possession from defendant No. 17 who was a supurdar appointed by the Cri minal Courts in proceedings under Sec tion 145. Cr. P. C. and for restraining the defendant No. 17 from delivering the possession of the property to the defendants Nos. 1 to 13. A prayer for the issue of permanent injunction in similar terms was moved by the plain tiff. This application was dismissed by the trial Court. Against that order the plaintiff went up in appeal. The appel late Court has held that the plaintiff had no prima facie case and that the balance of convenience was not in favour of granting the injunction.
(2.) THE supurdar had been pinpointed by the Criminal Court and the possession of supurdar was the posses sion of the Criminal Court. It was Cri minal Court who has directed the deli very of the property by its surpurdar to defendants Nos. 1 to 13. By the in junction claimed by the plaintiff in the present suit they had only sought, in effect the stay of the operation of the Criminal Court's order which was obvi ously not permissible. Normally a Civil Court cannot stay the operation of an order of Criminal Court against which order it has no power to hear the appeal. The circumstance that the property was in the custody of the Cri minal Court and that on the finding that it had been taken possession of not from the plaintiff but from the defen dants Nos. 1 to 13 it could not be held that the plaintiffs were in possession of the property on the date of suit or they would suffer irrecoverable injury if the order of the Criminal Court will be permitted to operate. Learned coun sel for the petitioners contended that a part of the property was in the posses sion of the plaintiff and an injunction could only be granted in respect of it. The contention is fruitless as. even if it be so. from the judgment it is clear that the application for injunction was only in respect of the property which was in possession of the supurdar ap pointed by the Criminal Court.
(3.) IN the circumstances of the case and on the finding reached by it, the court below cannot be said to have committed any error of jurisdiction in dismissing the appeal. The revision, ac cordingly fails and is dismissed with costs. Revision dismissed.;