B.M. Lal, Bhagwan Din

1. SHRI H. S. Nigam appears for the appellant and SHRI Janardan Sahai appears for the respondent. They are :

2. THIS appeal is directed against an order dated 29.4.1992 passed in Application No. B. C. and Objection No. 12C in Original Suit No. 185 of 1992, Thakur Shri Radha Ramanji Maharaj v. State of U. P., by the Civil Judge, Mathura, whereby a temporary injunction is granted in favour of the plaintiff-respondent restraining the defendant appellant from interfering with the possession of the plaintiff-respondent over the land in dispute.

The short facts leading to this appeal are as under.

3. THE plaintiff respondent has brought an action against the defendant appellant claiming relief for permanent injunction. Simultaneously an application under Order XXXIX, Rule 1, C.P.C. was also filed contending that during pendency of the suit the defendant-appellant be restrained from interfering with the possession of the plaintiff-respondent over the land in question.

4. THE learned trial court having considered the rival contentions of the parties reached to the conclusion that the requirements for grant of temporary injunction, i.e., prima facie case, bal