M.Y.EQBAL,J. - (1.) HEARD learned counsel for the petitioner. No one appears on behalf of the opposite parties inspite of service of notice.
(2.) THIS civil revision is directed against the order dated 15.7.2002 passed by Additional District and Sessions Judge, VIIIth, Dhanbad in Misc. Appeal No. 54 of 1998 whereby he has dismissed the appeal but granted relief to the plaintiff - opposite parties which was sought for in the application for the grant of injunction. The plaintiff filed title suit No. 86 of 1990 for declaration of title and recovery of possession. The case of the plaintiff -opposite party No. 1 is that the authorities of Dhanbad Municipality and the Circle Officer, Dhanbad have demolished some portion of southern side of the boundary wall of the suit land despite objection made by the plaintiff. In the said suit an application under Order XXXIX, Rules 1 and 2 read with Section 151, CPC was filed for temporary injunction alleging that the defendants have dumped building materials for construction over the suit land and thereby they wanted to change the nature and character of the suit land and hence defendant No. 1 and/or of his agents may be restrained from making any construction on the suit land.
(3.) PRIVATE defendant No. 1 appeared and file show -cause stating inter alia that the injunction petition is not maintainable and the order of status quo has been passed without hearing him. The case of the defendant is that he purchased the suit land with house by registered sale deed in the year 1988 and since then he is coming in possession of the suit land.;