ADESH KUMAR Vs. MOHAMMAD IRFAN & ANOTHER

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to direct the respondents not to dispossess the petitioner from the property in dispute by creating third party interest, during the pendency of present writ petitioner, or till the decision on interim injunction application pending in the court below.

(2.) The plaintiff (petitioner herein) filed a suit for permanent prohibitory injunction and cancellation of sale deed against Mohd. Irfan and another (respondents herein). Learned Civil Judge (S.D.), Dehradun vide order dated 01.12.2015, directed issuance of notices to the defendants (respondents herein) and observed that it will not be advisable on his part to grant ad interim injunction order in favour of the petitioner without calling upon the respondents to file their objections (or counter affidavits).

(3.) Aggrieved against the same, petitioner has approached this Court invoking jurisdiction of this Court under Article 227 of the Constitution of India.