GIRDHARI LAL Vs. MAHESH CHANDRA JOSHI

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks following relief, among others:

(2.) Plaintiff-Petitioner filed a suit against the defendant-respondent for permanent prohibitory injunction alongwith an application under Order 39 Rule 1 & 2 C.P.C. seeking temporary injunction. The same was dismissed by the trial court vide order dated 23.04.2016. Aggrieved against the same, plaintiff-petitioner filed misc. civil appeal, which was dismissed by learned I Addl. District Judge, Haldwani vide order dated 26.11.2016.

(3.) The contention of plaintiff-petitioner before the trial court was that he was a poor landless person and was living over the disputed property on the basis of residential lease granted by the State Government wherein previously there was a hut which was destroyed in fire and a new construction was being raised when defendant-respondent had threatened the plaintiff-petitioner with dire consequences.