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1982 DIGILAW 260 (SC)

Tulsi Prasad Bhagat v. Samul Christian

1982-11-09

A.VARADARAJAN, V.D.TULZAPURKAR

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JUDGMENT : After hearing counsel on either side we are satisfied that this is not a fit case where this Court should interfere in exercise of its jurisdiction under Art. 136 of the Constitution. In fact we are of the view that the appellants before us need not have moved the High Court in revision against the impugned order of the Magistrate especially when a title suit was perfectly competent for the appellants to file. In this view of the matter we dismiss the appeal and leave the appellants to file a proper suit in a proper court to safeguard their possession and obtain the appropriate interim reliefs in such suit. To enable them to do so the status-quo which has been directed to be maintained will continue to be maintained for a period of one month from today. There will be no order as to costs.