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Jai Singh and ors. Vs. Lala Ganesha and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtHimachal Pradesh High Court
Decided On
Case NumberCivil Revn. Nos. 34 and 35 of 1977
Judge
Reported inAIR1977HP69
ActsCode of Civil Procedure (CPC) , 1908 - Section 115
AppellantJai Singh and ors.
RespondentLala Ganesha and anr.
Advocates: Indar Singh, Adv.
DispositionRevision dismissed
Excerpt:
- .....that a suit was filed by the petitioners for declaration and in-junction in the court of the learned subordinate judge, sarkaghat with respect to certain parcels of land. it was alleged that by an ex parte order in partition proceedings initiated by the respondents an order for partition had been obtained by them and that they were attempting to disturb the possession of the petitioners in the land in suit. an application was also made by the petitioners in that suit for the grant of an interim injunction, and on oct. 10, 1975 the learned subordinate judge made an order requiring the parties to maintain the status quo. he specifically found that it was not possible to hold which of the parties was in possession of the disputed land, but observing that it was necessary to maintain.....
Judgment:
ORDER

R.S. Pathak, C.J.

1. This and the connected revision petition arise out of two appeals filed by the petitioners against the grant of injunctions in two suits in favour of the respondents.

2. It appears that a suit was filed by the petitioners for declaration and in-junction in the Court of the learned Subordinate Judge, Sarkaghat with respect to certain parcels of land. It was alleged that by an ex parte order in partition proceedings initiated by the respondents an order for partition had been obtained by them and that they were attempting to disturb the possession of the petitioners in the land in suit. An application was also made by the petitioners in that suit for the grant of an interim injunction, and on Oct. 10, 1975 the learned Subordinate Judge made an order requiring the parties to maintain the status quo. He specifically found that it was not possible to hold which of the parties was in possession of the disputed land, but observing that it was necessary to maintain the position as it stood at the institution of the suit he made the order of 'status quo'. Subsequently the two suits, out of which the present revisions arise, were filed by the respondents. They claimed that pursuant to the partition proceedings taken by them the original block of land had been partitioned and the land in dispute had fallen to their portion and possession thereof was given to them.

They prayed for an injunction in the two suits restraining the petitioners from interfering with their possession. Simultaneously they also filed an application for interim injunction. That application came on before the learned Subordinate Judge, Sarkaghat--the same learned Subordinate Judge who had already made the order of Oct. 10, 1975 in the earlier suit filed by the petitioners--and after considering further documentary evidence on the record he came to the conclusion that the respondents were in possession and that, therefore, they were entitled to an injunction restraining the petitioners from interfering with their possession. He observed that the order dated Oct. 10, 1975 made earlier by him in the earlier suit called for reconsideration inasmuch as all the facts had 'not been brought to his notice at the time the injunction was claimed. Against the order of injunction granted toy the learned Subordinate Judge in the two suits the petitioners appealed, and the learned District Judge, Mandi, by his order dated Jan. 31, 1977, dismissed the two appeals. The petitioners now apply in revision.

3. Learned counsel for the petitioners has contended that an anomalous situation had arisen between the parties inrespect of the land in dispute. He points out that the learned Subordinate Judge having already held that the petitioners were in possession and on that basis granted the order dated Oct. 10, 1975 directing that the status quo be maintained between the parties, could not subsequently make an order holding that the respondents were, in possession of the same land and therefore could not grant an injunction in their favour. It is clear that the contention proceeds on a misconception of the facts. The order dated Oct. 10, 1975 made toy the learned Subordinate Judge in the earlier suit clearly stated that it was not possible for the court to determine which of the parties was in possession. The learned Subordinate Judge made an order directing the parties to observe a 'status quo'. The order was plainly not an order of injunction made on the basis that the petitioners were in possession. There was nothing to prevent the learned Subordinate Judge from subsequently considering the same matter again on the injunction applications filed in the subsequent suits. He found, on further material before him, that the respondents were in fact in possession. He was justified in making the order which he did. The learned District Judge rightly dismissed the appeals. I see no error of jurisdiction in the appellate order of the learned District Judge.

4. Learned counsel for the petitioners points out that the learned Subordinate Judge. Sarkaghat, could not, while passing orders on the injunction applications in the subsequent two suits, make an order vacating the order dated Oct. 10, 1975 passed in the earlier suit. The observation made by the learned Subordinate Judge does not, in my opinion, amount to an order of vacation. The learned Subordinate Judge is bound to take up the injunction application in the earlier suit and pass appropriate orders separately on that application. It is open to him to take into account the fact that he had already made the order of injunction, out of which the present proceedings arise.

5. The revision petitions fail, and are dismissed. No costs. Revision dismissed.


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