- (1.) This petition under Article 227 of the Constitution of India has been filed inter alia with the following prayer:- (i) to set aside the entire proceeding of the O.S. No. 37/2018, (Santosh Kumar and others Vs. Ram Sevak and others), pending before the court of IVth Civil Judge (SD), Varanasi; (ii) to set aside the order dated 14.3.2017 (Annexure No.3), order dated 31.1.2019 (Annexure No.5) and the order dated 28.3.2019 (Annexure No.7) to the Misc. petition).
(2.) It appears that a suit for partition was filed by two respondents Santosh Kumar and Pawan Kumar against Ram Sewak and others in respect of the House-cum-Shop situated at 3/422 Mohalla Rampur Ramnagar, Varanasi, by means of which, the plaintiffs claimed 1/5th share each of the property in dispute. It appears that the defendant-respondent Ram Sewak sold his share of the property in dispute to the petitioner, who was arrayed as defendant no. 4 in the suit, by means of a sale deed registered on 26.12.2017 and possession was given. The plaintiffs are sons of defendant nos. 1 Ram Sewak.
(3.) In the said suit, an application under Order 39 Rule 1 CPC was filed seeking interim injunction. By means of the impugned order dated 14.3.2018, the trial court directed the parties to maintain status quo with regard to the property in dispute. A Misc. Civil Appeal No. 62 of 2018 was filed by the defendant-petitioner challenging the order of the trial court granting temporary injunction. By the judgement and order dated 31.1.2019, the Misc. Civil Appeal was dismissed. The defendant-petitioner then filed an application for review of the order dated 31.1.2019, passed by the lower appellate court which was numbered as Misc. Civil Application No. 2 of 2019 which came to be dismissed on 28.3.2019. Challenging the aforesaid orders, passed by the trial court and by the lower appellate court, this petition has been filed.;