KUMAUN UNIVERSITY Vs. HARISH CHANDRA PANDEY

JUDGEMENT

(1.) Defendant of original suit No. 59 of 2001, Shri Harish Chandra Pandey and others Vs. Sri B.D. Pandey and others, pending in the Court of Civil Judge (S.D.) has approached this Court by invoking jurisdiction of this Court under Articles 226/227 of the Constitution of India assailing the order dated 28.03.2008 passed by the learned Trial Judge whereby application moved by the defendant/petitioner herein paper No. 78-C requesting the trial court to return back the documents sought to be filed by plaintiff alongwith affidavit of PW3, was rejected.

(2.) Brief facts of the present case, inter alia, are that plaintiff filed OS. No. 59 of 2001 in the Court of Civil Judge (S.D.), Nainital seeking permanent prohibitory injunction against the defendant not to interfere by any means directly or indirectly in the possession of the plaintiffs over the property in question and further directing the defendant to hand over peaceful vacant possession of the piece of property to the plaintiff after removing illegal possession of the defendant within such time as stipulated by the Trial Court.

(3.) After framing of the issues, plaintiff had filed affidavit of PW1 and PW2 who were cross examined and thereafter filed affidavit of PW3, namely, Shri J.C. Tripathi, annexing therewith 35 documents.