MEHARWAN SINGH Vs. DISTRICT JUDGE PAURI GARHWAL

JUDGEMENT

(1.) Learned Counsel for the parties are ready to argue the writ petition finally at the admission stage. Heard.

(2.) By means of this writ petition, the Petitioners have sought quashing of order dated 6-10-2005 passed by the District Judge Pauri Garhwal, whereby the order dated 18-5-2004 passed by the Civil Judge (Senior Division) Pauri Garhwal was set aside and the application for temporary injunction moved under Order 39, Rule 1 Code of Code of Civil Procedure of the Petitioners was rejected.

(3.) Relevant facts giving rise to the present writ petition in brief are that the Petitioners herein filed a Civil Suit No. 32 of 2003 Meharwan Singh and Ors. v. Gabar Singh and others for a decree of permanent injunction in the trial court. Along with the plaint, application for temporary injunction was also moved. Defendants filed their objection contending that Plaintiffs are neither residents of village Bhitai Talli nor they have residential house nor they have any right in the disputed land.