CAV Order

26/03/2021

1. This petition under Article 227 of the Constitution of India has been brought challenging the legality and propriety of the order dated 4.3.2020 passed by the learned Additional District Judge, Patthalgaon, District-Jashpur in Misc. Civil Appeal No.04/2020 thereby allowing the appeal of respondent No.2 and granting temporary injunction in his favor under Order 39 Rule 1 & 2 CPC.

2. It is submitted by the counsel for petitioner that the disputed property is khasra No.413 area 0.357 hectares, situated in village-Palidih on which respondent No.2 is claiming his possession, whereas the fact is this that, the petitioner is in possession of this property. The Kistbandi khatoni (AnnexureP-6) shows the petitioner as recorded owner of the suit property and khasra Panchsala of the year 2017-18 also shows the petitioner as the person in possession of the suit property. The property was demarcated and the demarcation report (Annexure-P7) dated 24.9.2017 mentions that on the area of 0.178 hectares of khasra No.413 the respondent No.2 is in possession, whereas on the area of 0.178 hectares of the same khasra number there is possession of respondent No.3. There is also a re