- (1.) In a suit seeking declaration of ownership, a decree of permanent injunction is also sought against the Gram Panchayat against dispossession. The application under Order XXXIX Rules 1 and 2 CPC seeking ad interim injunction, was declined by the lower court on 28.5.2013. The appellate court also finding no merit in the case of the plaintiff, affirming the order of the lower court, had dismissed the appeal on 18.4.2014.
(2.) These two orders are under challenge by the petitioner-plaintiff in this revision petition which has been filed by him by invoking supervistory powers of this Court exercisable under Article 227 of the Constitution of India claiming therein that even though prima-facie case is in his favour and he is to suffer irreparable loss and injury as construction has been raised by him on the site, balance of convenience thus also lies in his favour, yet application under Order XXXIX Rules 1 and 2 CPC was wrongly dismissed by both the courts. It is also claimed that refusal of confirmation of sale of Gram Panchayat land in his favour by the competent authority is also wrong and illegal.
(3.) Hearing has been provided.;