- (1.) HEARD the learned counsel of the appellants and the learned counsel for the respondents at the admission stage. Since the appeal is of the year 2003 and can be decided on a short point. I intend to decide it at this stage.
(2.) THIS appeal is directed against the judgment and decree dated 25.10.2002 passed by Sri P.P. Pandey, the learned Additional District Judge, Fast Track Court No. -V, Deoghar in Title Appeal No. 21 of 2001 /08 of 2002, whereby and whereunder, the said learned court allowed the appeal and reversed the judgment and decree dated 4.10.2001 and 17.10.2001 passed by Sri Subodh Kumar, Sub -Judge II, Deoghar in T (P) Suit No. 20 of 1998 and remanded the suit before the trial court. That the appellants filed a suit for setting aside the decree of T (P) Suit No.21 of 1993 of the court of Sub -Judge I, Deoghar and declaring that the same is null and void and not binding on plaintiffs up to the intent of the suit land. Further relief was sought for is for declaration of the title of the plaintiffs over the suit land with permanent injunction. The said suit was decreed and against the aforementioned decree, the respondents (Defendants in the trial Court) filed the aforesaid appeal i.e. T.A.No.21 of 2001 / 08 of 2002.
(3.) THE learned appellate court below after taking into consideration and the submissions made on behalf of the parties, came to the conclusion that it is necessary to frame further issue with respect to permanent injunction and without framing an issue and discussing the settle principle of law in granting or refusing injunction, has decreed the relief for permanent injunction in favour of the plaintiffs which is bad and not in accordance with law. I have no doubt in my mind that the learned Sub -Judge I, Deoghar has committed serious illegality to grant decree of permanent injunction against the defendants in respect of the suit lands.;