A. NARAYANA PAI, J.

( 1 ) THE petitioners before me have filed Original Suit No. 7/1958 before the Court of the District munsiff of Mangalore for a declaration that the order of eviction passed by the appellate authority (the Principal Subordinate Judge of South Kanara) in Civil Miscellaneous Appeal No. 11/1953 on his file is without jurisdiction, ultra vires and is a nullity, and for an injunction restraining the defendants (respondents before me) from executing the said order and taking possession of the house, door No. 22-4, with its outhouses and appurtenant land without payment of compensation for the said house. Along with the plaint they filed interlocutory application No. 14 of 1936 under Section 151 and order 39 Rules 1 and 2 of the Code of Civil Procedure for the issue of a temporary injunction to restrain the respondents from executing the aforesaid eviction order and obtaining possession thereunder pending disposal of the suit. An ex parte injunction was granted, but the same was vacated after notice by the order dated 12-2-1958. The petitioners appealed against it in Civil Miscellaneous Appeal No. 2/1958 on the file of the Court of the District Judge, South Kanara. Th

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