ORDER

In this petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 17.10.2022 (Annexure P/6) passed in M.C.A. 2000131/2016 by the VI Additional District Judge, Rewa, affirming the order dated 26.08.2022 passed in C.S. No.30-A/2016 by the Second Civil Judge, Class II, Sirmoure, District Rewa, whereby the application preferred by the petitioner/plaintiff under Order 39 Rule 1 and 2 of CPC was rejected.

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civil suit for declaration, partition and permanent injunction against the defendants to the effect that the suit land is in possession and ownership of the plaintiff since long and it was the suit property of Shri Ram Narayan, in which he had 1/3 share and the same deserves to be partitioned accordingly. An application under Order 39 Rule 1 and 2 of CPC was also filed. The same was dismissed by the trial Court on the ground that it is not clear as to whether the possession of the land in question was with the plaintiff, therefore, it cannot be said that the aforesaid land is in possession of the plaintiff. After considering the prima facie case, balance of convenience as well as irreparable injury, the learned trial Court rejected the