ORDER

Re: I.A. No. 02 of 2022

This interlocutory application has been filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure for restraining the respondents from interfering in peaceful possession of the appellant and from changing the nature of suit properties by making any construction over the suit land and to maintain status quo over the suit land as on today.

2. The instant Second Appeal has been admitted on 13.10.2023, by a Co-ordinate Bench of this Hon’ble Court and appeal notices were issued to the respondents, who appeared in this case through their learned counsel.

3. The Title Suit No. 121 of 2000 filed by the plaintiff-respondents for declaration of right and interest over the suit land.

4. The case of the plaintiff in short is that the party to the suit are patiddar and Dukhharan Mahato was resident of village Dindayalpur, who died after passing of Hindu Succession Act, 1956, leaving behind his widow Most. Tetari and two daughters, namely, Singaro Devi and Lalmuni Devi. After the death of Dukhharan Mahato, his widow, namely Most. Tetari came in possession of the property, which is 2 katha 4 dhurs of Khata No. 237, Plot No. 146 and 128 at village Dindayalpur. Mo