KANAILAL BOTHRA AND OTHERS Vs. BABANJI PATHAK AND ANOTHER

JUDGEMENT

(1.) (Oral) - This revision petition is directed against the order dated 17.5.89 passed by the District Judge, Goalpara, dismissing the Misc. Appeal No. 1 of 1988 and affirming the order dated 16.12.87 passed by the Munsiff, Bongaigaon in Title Suit No. 14 of 1987.

(2.) The opposite party filed a Title Suit No. 14 of 1987 against the first and third petitioners and predecessor-in-interest of the petitioner 2 (a) to 2 (e) praying for permanent injunction restraining the opposite party from taking possession of the property until legal title is obtained. In the said suit, a petition under Order 39 Rule 1 read with section 151 of the Code of Civil Procedure was also filed praying for temporary ad-interim injunction. The Munsiff by order dated 16.12.87 ordered that status-quo would be maintained as on 16.12.87 over the disputed land till the disposal of the injunction petition. The Munsiff also directed to issue notice to defendants. However, before passing the ad-interim injunction, neither the Munsiff issued any notice nor he recorded any reason for granting the injunction without notice. The status-quo order is an order of injunction inasmuch as by that status-quo order the opposite party was restrained from taking possession of the suit land. However, the Munsiff did not consider the principles necessary for granting ad-interim injunction.

(3.) Being aggrieved, the opposite party filed an appeal in the Court of the District Judge, Goalpara (Misc. Appeal No. 1 of 1988) The District Judge also after hearing the parties upheld the order of the Munsiff, holding that the Munsiff issued notice on the defendants to show cause as to why injunction shall not be granted and he simply asked the parties to maintain status-quo until further order. The District Judge allowed the order of status-quo to continue. Hence, the petitioners filed the present revision petition.