LALIT BELWAL Vs. JAGJEET SINGH ARORA AND ANOTHER

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 02.01.2016, passed by learned Additional District Judge, Haldwani, District Nainital on interim relief application dated 02.01.2016 in Civil Appeal No. 09 of 2014, Lalit Belwal vs. Jagjeet Singh Arora and another, and further the relief claimed in the interim relief application be granted in favour of the petitioner.

(2.) It is the submission of learned counsel for the petitioner that the petitioner filed a suit for permanent prohibitory injunction before the learned Trial Court. The respondents filed a counter-claim seeking mandatory injunction over the suit property. Respondents counter claim was decreed. Petitioner s suit was dismissed. Aggrieved against the same, the petitioner preferred First Appeal before the learned Lower Appellate Court. When the First Appeal was filed, the constructions were not being raised by the respondents. During the winter vacation, the respondents started constructions over the suit property. On 02.01.2016, the petitioner filed an application under Order 151 C.P.C. for restraining the respondents from raising constructions. Since the respondents were represented by the counsel, therefore, they sought time to file the objections. Learned Lower Appellate Court granted time to the respondents to file the objections and fixed 20.01.2016 for disposal of the Application under Order 151 C.P.C.

(3.) The anxiety of the petitioner is that the constructions are still being raised by the respondents on the property in question. It is an innocuous prayer of the learned counsel for the petitioner that learned Lower Appellate Court be directed to decide the petitioner s application pending in the Civil Appeal and in the meantime, the parties be directed to maintain the status quo.