SUKH RAM Vs. INCHARGE DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) HEARD Sri L.P. Naithani, the learned senior counsel assisted by Sri K.N. Joshi, the learned counsel for the petitioner.

(2.) THE petitioner is the defendant and has filed the present writ petition against an order granting an exparte injunction by the lower appellate court. It transpires that a suit for permanent injunction and for possession was filed by the plaintiff against the defendant-petitioner. This suit was dismissed eventually by a judgment dated 8.10.2010, against which, the plaintiff preferred an appeal which was also accompanied by an application under Order 39 Rule 1 & 2 of the Code of Civil Procedure. THE appellate court, while entertaining the appeal, also granted an exparte injunction by an order dated 15.10.2010. THE petitioner, being aggrieved by the grant of the exparte order, has filed the present writ petition.

(3.) THE writ petition is accordingly dismissed.