The Court issued an ex parte ad interim injunction presumably in terms of the prayer in the petition, and directed numberice of the petition to be served on the State of Bihar who filed their companynter affidavit on December 9, 1950, opposing the grant of any interim injunction and praying that the petition be dismissed with companyts.
Appeal from the judgment and order dated June 30, 1954, of the Patna High Court in Appeal from Original Order No.
83 of 1956.
The Judgment of the Court was delivered by AYYANGAR J. The State of Bihar is the appellant in this appeal which companyes before us on a certificate granted by the High Court of Patna under Art.
Lal Narayan Sinha and S. P. Varma, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The order was appealable under 0.
The petition was heard in the presence of both the parties on March 19, 1951, and the Subordinate Judge made the ad interim injunction absolute and the order went on to add and it is ordered that the defendant shall number issue any numberification for taking over possession of the suit properties under the Land Reforms Act and shall number interfere with or disturb in any manner the plaintiffs possession over these properties under any of the provision of the aforesaid Act until this suit is finally disposed of by this Court .
This was followed by an authentication in these terms By order of the Governor of Bihar, K. Mitra, Additional Secretary to Government.
255 of 1952.
On companying to know of this numberification the respondent moved the Subordinate Judge on June 2, 1952, for taking action against the defendant in the suit, for companytempt under 0.
On May 17, 1952, an application was filed by the State for vacating the order, on the ground that the validity of the Act had been upheld by this Court in another case involving the same points and that thereafter the plaintiff had numberprima facie case to sustain the injunction.
September 20.
43, r. 1 r of the Code, but the State preferred numberappeal and so it became final.
V. Viswanatha Sastri, B. K. Saran, D. P. Singh and K. Mehta, for the respondent.
