IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL ON THE 15^th OF NOVEMBER, 2022 MISC. PETITION No. 1335 of 2021 BETWEEN:-

1. SHANKAR SINGH S/O LATE MAKRAND SINGH, AGED ABOUT 56 YEARS, OCCUPATION: AGRICULTURIST VILLAGE BELA TAHSIL MANGAWAN DISTT. REWA (MADHYA PRADESH)

2. ASHOK SINGH S/O LATE MAKRAND SINGH, AGED ABOUT 56 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE BELA, TAHSIL MANGAWAN, DISTT. REWA (M.P.) (MADHYA PRADESH)

3. SANJAY SINGH S/O LATE MAKRAND SINGH, AGED ABOUT 53 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE BELA, TAHSIL MANGAWAN, DISTT. REWA (M.P.) (MADHYA PRADESH)

4. RAJEEV SINGH S/O LATE MAKRAND SINGH, AGED ABOUT 50 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE BELA, TAHSIL MANGAWAN, DISTT. REWA (M.P.) (MADHYA PRADESH)

5. SANJEEV SINGH S/O LATE MAKRAND SINGH, AGED ABOUT 45 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE BELA, TAHSIL MANGAWAN, DISTT. REWA (M.P.) (MADHYA PRADESH)

6. LALMUNI W/O LATE MAKRAND SINGH, AGED ABOUT 87 YEARS, OCCUPATION: AGRICULTURIST R/O VILLAGE BELA, TAHSIL MANGAWAN, DISTT. REWA (M.P.) (MADHYA PRADESH)

.....PETITIONER (BY SHRI RAMSUPHAL CHATURVEDI-ADVOCATE)

AND Signature Not Verified

1. SHARDA SINGH W/O LATE UMESH SINGH SENGAR, AGED ABOUT 48 YEARS, OCCUPATION: HOUSE WIFE VILLAGE BELA TAHSIL MANGAWAN DISTT. REWA AT PRESENT R/O DWRIKA PARK TALASARI SUTARPADA TALUKA DISTT. PALGHAR MAHARASHTRA (MAHARASHTRA)

2. KUMARI NIDHI SINGH D/O LATE UMESH SINGH SENGAR, AGED ABOUT 18 YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE BELA, TAHSIL MANGAWAN, DISTT. REWA (M.P.) AT PRESENT R/O DWARIKA PARK, TALASARI, SUTARPADA, TALUKA, DISTT. PALGHAR (MAHARASTRA) (MAHARASHTRA)

3. KRISHNA SINGH S/O LATE UMESH SINGH SENGAR, AGED ABOUT 15 YEARS, OCCUPATION: THROUGH NATURAL GUARDIAN MOTHER SMT.SARDA SINGH R/O VILLAGE BELA, TAHSIL MANGAWAN, DISTT. REWA (M.P.) AT PRESENT R/O DWARIKA PARK, TALASARI, SUTARPADA, TALUKA, DISTT. PALGHAR (MAHARASTRA) (MAHARASHTRA)

4. STATE OF M.P. THROUGH COLLECTOR REWA DISTT. REWA, M.P. (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI GAJENDRA PARASHAR-PANEL LAWYER)

This petition coming on for hearing this day, the court passed the following:

ORDER

This miscellaneous petition has been preferred by defendants 1-

6/petitioners challenging the order dated 05.02.2021 passed by 13th Additional District Judge, Rewa in M.A. No. 93/2019 reversing the order dated 17.05.2019 passed by 3rd Civil Judge Class-1, Rewa in Civil Suit No. 302-A/2017.

From the record of miscellaneous petition, it is apparent that the civil suit was filed by the respondents 1-3. Learned trial Court vide its order dated 17.05.2019 dismissed the application filed by the plaintiffs for temporary injunction under Order 39 Rule 1&2 C.P.C. dated 20.07.2017 and upon filing Signature Not Verified miscellaneous appeal by plaintiffs, learned lower appellate court vide impugned order dated 05.02.2021 has allowed the appeal and vide paragraph 9 of its impugned order granted temporary injunction against the defendants with regard to possession as well as alienation.

After hearing learned counsel appearing for the defendants/petitioners at length, the order dated 05.02.2021 passed by 13th Additional District Judge, Rewa does not appear to be illegal, therefore, declining interference the present petition deserves to be dismissed However, it is directed that looking to the nature of dispute between the parties and looking to the nature of temporary injunction granted by learned lower appellate court it is further directed that both the parties shall maintain status quo with regard to the suit property till decision of pending civil suit and both the parties are hereby restrained from alineting the suit property in any manner.

With the aforesaid observations, this petition is disposed off.

(DWARKA DHISH BANSAL)

JUDGE R Signature Not Verified