H!Qi ATTiSGARH: BiLASPUi •WHt_Pe!raon,{2271No.;480Sof200S 'siitioner 'iaintif iaikrisbna Tiwari, resident Nagar, Chandaniyapara,. Janjglr-Champa (CG). iji B.D. Mahant jgir, Distt. Respondents defendant yersus . " • •1. BaSkrishna Tiwari aged 65 years son :of Late: Sadnyanarayan, resident of ViHage Amora, Tahsii Nawagarh, Distt. Janjgir-Champa (CG). ., 2. Padmanabh Tiwari.son ofBaikrishnaTiwari, resident of Village Amora (Mahant), Tahsil Na'A'agarh, at present resident of Rupchand Pandey, Kutra waie,' ; Chandaniyapara, Janjgir, Distt. Janjgi.r-Champa (GG).: ~ ' 3. .State :,of Chhattisgarh, through CoStector, ampa (CG), (Writ Petition under Article 227 ofthe Constitution of India) SB: I.'3E> •Present: Shrj Aman Keshan.»'ani, counsel for the petitioner. Shri'R.Agrawa!, Panel Lav/yer for the State. [Passed on this 1 day ofSepfe'mb»r,20C1SJ The petitioner/piaintiff fiied a civil suit being Civil Suit No. 39-A/2007 tor dscl injunction against : the 9 suit, itiQner fiied an respondents/dsfendants. !n appiication under Order 39 Ruie 1 & 2 6f the Code of Givil Procedure (for shQrt, "CPC"), seeklng temporaw injunction against the respondents frQm property. The Civil Judge, Ciass li, Janjgir, District Janjgir-Champa, after having examined the fads and submissions made by ths parties came to the conciusion :that fhe respondents/defsneiants led the peWoner'.to vacate the premises in occupation of petitioner, the petitioner would suffer inconvenience.;and irreparabte Soss as -'2-- the petitioner and fhe rssoondent No.2 are the lojnt owners of the sun 2) So far as grant of temporary injunction against the respondent No.2 from entering into the premises occupied by the petitioner is concerned, the trial Court rejected the appiication on the ground that the disputed sult .< property is joint ownership of the piainnff and defendants. Subsequentiy by order dated 9-1-2008 the respondents were d?rected not to take any steps to dispossess the petitioner/piaintiff from fhe properiy in dispute .and the temporary injunction against the respondents from entering into the premises was rejected. in appeai filed by the petitioner being Miscelianeous Civjj Appeai No. OS-A'2008, Additionai Sessions Judge, Janjgir, after having considered ali the Tacts, in detaii, affirmed the fjndini by the tria! Court and dismissed the appeai. The petitioner, beini has filed fhis writ petition under Articie 227 of the Constitution of 3) Having heard iearned counsei appearing or the petitioner, perused the pleadings and documentsappended thereto, the petitioner has faiied to make out a case for grant of temporary injunction against the respondenis from enterirsg into the premises owned by ths petitioner as welt as the respondents. With respsct to reject'ion ofthe jnterim injunction as above stated, baiance of convensence js wouia ri suffer irreparabie loss, if the same is not granted during pendency ofthe suit. 4) This Gourt, sn exereise of its supen.'isory jurisdiction under Article 227 of the Constitufon of india, shouid refrain itseif from interfering with the order paesed by the court below, except in such cases where perversifry, iHegaiity, irreguiariti/ or iurisdictional error iswrit iarse ontheface ofthe record. which is not in the present case. ' '; 31 I -3- assed by the court beiov»' are unexceptionable a.nd do rn 5) The orders not warrani interference in exercise ot' its supervisory jurisdiction of this Court. 6) Accordingiy, the petition is dismissed summarijy. <rf : -Sd/- - SadshK. Agnihotri Judge__ c