KARAMCHAND Vs. JEEVANRAM

JUDGEMENT

(1.) By means of this writ petition, petitioner seeks to issue a writ in the nature of certiorari quashing the impugned order dtd. 4/3/2023 (Annexure No.1) passed by Civil Judge (S.D.), Haridwar in O.S. No.309 of 2022 Karamchand vs. Jeevanram and others and further the order dtd. 20/1/2024 (Annexure No.2) passed by District Judge, Haridwar in Civil Revision No.28/2023.

(2.) Learned counsel for the petitioner/plaintiff would submit that the petitioner/plaintiff has filed a suit being O.S. No.309/2022 against the respondents/defendants; that respondent no.1/ defendant no.1 is real brother of petitioner/plaintiff while respondent nos.2 and 3 are the persons to whom another brother of petitioner/plaintiff and respondent no.1/defendant no.1 had sold the part of the property belonging to father of the petitioner/plaintiff; that, in the suit relief was claimed for a decree of perpetual prohibitory injunction against the respondents/defendants thereby restraining them from interfering in the peaceful possession of the property shown within ABGH and CDJK in the site-plan attached with the plaint and not to create third party interest over the same; that, along with the suit application under Order 39 Rule 1 and 2 C.P.C. was also filed by the petitioner/plaintiff wherein the trial court directed the parties to maintain status quo.

(3.) He would further submit that the petitioner/plaintiff filed an application under Order 26 Rule 9 r/w 151 C.P.C. to call for report of the spot through Court Amin.; that, the trial court vide impugned order dtd. 4/3/2023 dismissed the application; that, being aggrieved, petitioner/plaintiff filed the revision, however, the same has also been dismissed.