- (1.) AGGRIEVED by order dated 27.07.2011 in Title Suit No. 316 of 2011 whereby application under Order XXXIX Rule 1 and 2 read with Section 151 CPC has been rejected and order dated 13.05.2013 in Misc. Civil Appeal No. 16 of 2011/T.R. No. 157 of 2011 affirming order dated 27.07.2011, the petitioner has preferred the present writ petition.
(2.) BRIEFLY stated, in the pending Title Suit No. 316 of 2011, the plaintiff/petitioner preferred application dated 06.06.2011 asserting that the defendant on 02.06.2011 forcibly entered into the property of the plaintiff and tried to occupy the suit land. Vide order dated 27.07.2011 the said application has been dismissed recording as under : "Primafacie case is made out relating to plot no. 55 of both parties and also balance of convenience upon both the parties."
(3.) AGAINST the said order, the petitioner preferred appeal which has been dismissed vide order dated 13.05.2013 recording as under : "There is no rival claim regarding the ownership between the parties. It is apparent from perusal of the record that till the date demarcation made by the Circle Officer, Namkum, there was no objection or challenge by the plaintiff. There is no material on record which could show or demonstrate that defendant has enchroached or tried to encroach upon the suit property." Heard the learned counsel for the parties.;