LAWS(UTN)-2023-1-5

VIRENDRA SINGH Vs. KAILASHANAND GIRI

Decided On January 12, 2023
VIRENDRA SINGH Appellant
V/S
Kailashanand Giri Respondents

JUDGEMENT

(1.) The present petition, under Article 227 of the Constitution of India, has been preferred by the petitioner to assail the order dtd. 21/12/2022 passed by the 1st Additional District Judge, Haridwar in MCA No. 50 of 2022, titled as Virendra Singh vs. Kailashanand Giri.

(2.) By the impugned order, the Interim Relief Application filed in the First Appeal preferred by the petitioner under Sec. 104, read with Order XLIII, Rule 1(r) of CPC, has been rejected.

(3.) The petitioner had preferred the Civil Suit to seek a perpetual injunction against the respondent/defendant against raising of construction by the respondent. The Trial Court, however, declined the injunction sought by the petitioner. Consequently, the petitioner preferred the aforesaid Appeal.