JUDGMENT :

P.K. Misra, J. - The plaintiff have filed this revision. They have filed O.S. No. 22/98 which is now pending in the Court of the Additional Civil Judge (Junior Division), Basudevpur, for partition with claim u/s 4 of the Partition Act against defendant No. 1 and for permanent injunction against defendants 2 and 3. It is claimed that though there is no partition in respect of the disputed land, defendants 2 and 3 have purchased a part of the disputed land from defendant No 1. During pendency of the suit, an application under Order 39, Rules 1 and 2, Code of Civil Procedure, was filed against defendants 2 and 3 seeking to restrain them from making any construction on portion of the disputed land purchased by them. Defendants 2 and 3 in their objection stated that they had already started their construction on the portion of land purchased by them and there was no justification for granting any injunction. The trial Court after hearing both the sides found that though there was prima facie case in favour of the plaintiffs, the balance of convenience was in favour of defendants 2 and 3. It was further found that no irreparable loss would be sustained by the plaintiffs in case