MAHENDRA YADAV Vs. DIVISIONAL FOREST OFFICER & 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 order dated 04.07.2017 to the extent that the learned trial court has declined to grant ad-interim injunction. A further writ in the nature of mandamus has also been sought directing the respondents to maintain status quo over the property in dispute.

(2.) Plaintiff-Petitioner filed a suit for permanent prohibitory injunction against respondents-forest officers along with an application under Order 39 Rules 1&2 CPC, in which learned trial court issued notices to the respondents and fixed a date for disposal of temporary injunction application along with objections, if any. Aggrieved against the same, present writ petition has been filed.

(3.) Plaintiff-Petitioner did not give notice under Section 80 CPC, but the trial court permitted the plaintiff to institute a suit against the respondents-forest officers, vide order dated 04.07.2017. Plaintiff has filed some photographs to show that he has a prima facie case. Learned trial court, instead of granting ad-interim relief to the plaintiff-petitioner, directed that notices be issued to the respondents, which has prompted the petitioner to approach this Court in present writ petition.