ORDER

Heard finally with the consent of both the parties.

In this petition under Article 227 of the Constitution of India, the petitioners have assailed the order dated 23.11.2022 (Annexure-P/27) passed in MCA No. 76/2022 by the 5th District Judge, Katni, whereby the order dated 08.11.2021 (Annexure-P/25) passed in RCS No.21A/2021 allowing the application under Order 39 Rules 1 and 2 of the C.P.C. has been reversed. 2.

on the basis of adverse possession and injunction was filed by the petitioners along with application under Order 39 Rules 1 and 2 of the C.P.C.

3.

the petitioners to sale the suit land. Learned trial Court after going through the records of the case came to the conclusion that at present the plaintiffs are operating a Petrol Pump and the approach road to the Petrol Pump appears to be the suit property and in such a situation if, the respondent alienates or sales the property, the petitioners/plaintiffs would suffer irreparable loss. Looking to the balance of convenience as well as irreparable loss in favour of the petitioners, the other objections raised by the respondent/defendant can only be decided after recording of evidence, the trial Court allowed the application u