CHARANDAS Vs. RAKESH KUMAR

JUDGEMENT

(1.) PLAINTIFF /petitioner, herein, has invoked extraordinary/supervisory jurisdiction of this Court under Article 226/227 of the Constitution of India assailing the judgment and order dated 23.09.2014 passed by 3rd Additional District Judge, Rudrapur, Udham Singh Nagar whereby Misc. Civil Appeal No. 37 of 2011 filed by defendants/respondents, herein, was allowed and ad interim injunction granted by the trial court was vacated and application moved by plaintiff/petitioner, herein, seeking ad interim injunction during the pendency of OS No. 110 of 2010 was rejected.

(2.) BRIEF facts of the present case, inter alia, are that plaintiff/petitioner, herein, has filed Civil Suit being O.S. No. 110 of 2010 against the defendants/respondents, herein, seeking permanent prohibitory injunction restraining the defendants/respondents, herein, in making any interference in the possession of the plaintiff/petitioner, herein, over the land belonging to Khata No. 127 Gata Nos. 345, 346 -Kha measuring 1.0120 hectares, village Narayanpur, Tehsil Gadarpur, District Udham Singh Nagar. An application seeking ad interim injunction under Order 39 Rules 1 and 2 CPC was also filed along with the plaint seeking ad interim injunction during the pendency of the civil suit. It is specifically stated in the plaint that plaintiff/petitioner, herein, is bhoomidhar in possession of the suit land and his name and possession is recorded in the revenue record while defendants/respondents, herein, have absolutely no relation with the property, in question, however, they are extending threat to dispossess the plaintiff and to harvest the crop standing on the land, in question.

(3.) LEARNED trial court having heard both the parties was pleased to allow the ad interim injunction application moved by the plaintiff/petitioner, herein, vide order 13.07.2011 directing the defendants/respondents, herein, not to make any interference in the possession of the plaintiff/petitioner, herein, over the suit land by any means during the pendency of the suit.