5.Upon hearing the learned counsels appearing on both sides, it is seen that, indisputably, both the parties approached the civil Court and filed their respective suits one against each other and both the suits are still pending. No doubt, in one suit filed by the 4th respondent, it appears that some interim order has been passed in her favour. However, it is contended by the learned counsel for the petitioner that as against the said order, already a Civil Miscellaneous Appeal is filed and the same is pending. Needless to say that when the matter is seized of by the civil Court, the role of the revenue authority to proceed parallelly and pass some orders that too in the nature of giving direction to the police to give protection to one of the parties, is not only an unwarranted action, but also without any competency. It is for the parties to resolve their dispute before the competent civil Court and even if some order is sought to be executed, it should be done in the manner provided under the Code of Civil procedure. When such being the position, the order passed by the Tashildar, namely, the first respondent herein, cannot be sustained. At the same time, if the respondents 3 and 4 are armed with an order of interim injunction, unless and until, the same is set aside by the appellate Court, the petitioner cannot violate the said order by any means. On the other hand, if there is any violation, it is open to the respondents 3 and 4 to approach the Court, which has granted interim injunction and seek appropriate consequential relief as well by making appropriate application. In any event, the revenue official, namely, the first respondent herein cannot usurp for the jurisdiction when the matter is seized of by the civil Court.
