MOHD SALEEM Vs. SHAKEEL AHMAD AND ANOTHER

JUDGEMENT

(1.) Present Appeal from Order has been filed by the defendant/appellant against that part of the order dated 24.02.2009 passed by the 1st Additional Civil Judge (S.D.), Dehradun, in Original Suit No. 146 of 2007, Shakeel Ahmad vs. H.D. Sharma and others, whereby the application 57C2 for temporary injunction moved by the defendant/appellant against the plaintiff has been dismissed.

(2.) The main grounds, which have been taken by the defendant/appellant in A.O. are being reproduced herein below for ready reference:

(3.) The contention of leaned counsel for the defendant (appellant herein) before the Court below was that the plaintiff (respondent herein) is trying to encroach upon his land under the garb of ex parte injunction order, which has been granted on 03.05.2007. By the impugned order dated 24.02.2009, the court below vacated the said ex parte injunction order, which was granted in favour of the plaintiff on 03.05.2007.