Somdutt & another vs Smt. Chameli

MANOJ K. TIWARI, J. (ORAL)

This petition, under Article 227 of the Constitution of India, is directed against the order dated 25.05.2018 passed by learned Additional District

Judge, Laksar, District Haridwar in Misc. Civil Appeal No. 10 of 2017.

Respondent filed a suit for prohibitory injunction against the petitioners, which was registered as Original Suit No. 124 of 2014. Learned trial court

granted temporary injunction to the respondent (plaintiff) vide order dated 03.02.2017 to the effect that she shall not be evicted from the constructed

portion of the suit property on the ground that petitioners (defendants in the suit) had admitted possession of the plaintiff over the residential house, ad-

measuring 37.2 sq. meters.

Respondent (plaintiff) filed an appeal under Order 43 Rule 1(r) of C.P.C. against trial court’s order dated 03.02.2017 and the learned appellate

court vide order dated 25.05.2018 modified trial court’s order and restrained the petitioners (defendants) from interfering with the possession of

the plaintiff over the entire suit property. Thus, feeling aggrieved, defendants have filed this petition under Article 227 of the Constitution of India.

Temporary injunction is a discretionary relief and upon perusal of the order passed by learned appellate court, I find no reason to interfere with the

same. Therefore, there is no force in the writ petition and the same is hereby dismissed.

However, learned trial court is requested to decide Civil Suit No. 124 of 2014 as early as possible, without granting unnecessary adjournment to any

of the parties. It is further provided that no third party interest shall be created over the land in dispute, till disposal of suit.