MAHANT KRISHNA GIRI Vs. SWAMI SURESHANAND

JUDGEMENT

(1.) BY means of this writ petition, the Petitioner has prayed for quashing of the order impugned dated 14.2.2011 passed by District Judge, Dehradun, whereby the said court rejected the application of temporary injunction.

(2.) THE temporary injunction application has been rejected on the ground that the property in dispute is custodia legis and the property is not in the possession of either of the Plaintiff or Defendant. Therefore, no question of interference arises in the possession of property by any of the parties. This fact is not disputed that the property is in the possession of the receiver who had been appointed by the Executive Magistrate Under Section 146(1) of Code of Criminal Procedure

(3.) LEARNED Counsel for the Respondent has agreed to dispose of writ petition today itself without inviting counter version and prayed that direction may be given to the appellate court to decide the appeal expeditiously.