SURENDRA PAL SINGH Vs. JITENDRA SINGH

JUDGEMENT

(1.) BY the writ petition No. 41 of 2005 (M/S) the Petitioner has prayed for the issue a writ of certiorari quashing the order dated 7 -1 -2005 by which appeal against the injunction order dated 10 -3 -2004 was allowed and injunction order granted by the trial Court was set aside.

(2.) SIMILARLY by the writ petition No. 40 of 2005 (M/S) the Petitioner has prayed for the issue of a writ of certiorari quashing the order dated 7 -1 -2005 passed by the Additional District Judge, Roorkee setting aside the order of amendment passed by the trial Court.

(3.) ACCORDING to the plaint averments, the Plaintiff and the Defendants No. 1 and 2 are the real brothers and both of them are having one third share in the property in dispute. Alongwith the suit the Plaintiff has filed application 6 -C2 for temporary injunction for restraining the Defendants not to interfere in possession of the Plaintiff during the pendency of the suit. The trial Court has granted temporary injunction vide order dated 10 -3 -2004. Against the order passed by the trial Court the Defendants preferred an appeal. The appellate Court has allowed the appeal vide impugned order dated 7 -1 -2005 on the ground that one co -sharer alone has no right to seek injunction. The Plaintiff has preferred writ petition No. 41 of 2005 (MS) before this Court.