NASIR HUSSAIN Vs. GHASITA AHMAD

JUDGEMENT

(1.) HEARD learned counsel for the parties. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the judgment and order dated 24-5-2011 passed by the District Judge, Haridwar in Misc. Civil Appeal No. 40 of 2011 (Annexure-1 to the writ petition) and well as quashing the order dated 29-3-2011 passed by Civil Judge (Junior Division) Haridwar in Civil Suit NO. 363 of 2010 (Annexure No. 2 to the petition).

(2.) BY order dated 29-3-2011, the learned trial court allowed the temporary injunction application of the plaintiff-respondent and the petitioner-defendant was restrained to interfere in the property in question. The appeal under Order 41, Rule 1(r) C.P.C. preferred against the order dated 29-3-2011 has been dismissed by the appellate Court.

(3.) IN the writ petition, in paragraph no.9 it is stated that the learned Civil Judge(Junior Division) has passed the order on the temporary injunction application in an arbitrary and illegal manner on 29-3-2011. Prior to that, on 18-3-2011, the land in question was sold out and copy of sale deeds have been annexed as Annexure-8 and Annexure-9 to the writ petition. This fact has not been disputed in the counter affidavit filed by the respondent-plaintiff.