SUKHDEV SINGH Vs. JOGINDER SINGH

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the impugned order dated 27.08.2016, passed by Addl. District Judge, Khatima, District Udham Singh Nagar, in Misc. civil appeal no. 64 of 2015, titled as Joginder Singh vs Sukhdev Singh.

(2.) A suit was filed by the plaintiff-petitioner against the defendant-respondent in the court of Civil Judge (Jr. Div.), Khatima, District Udham Singh Nagar for a relief of permanent prohibitory injunction in respect of land in question. An application under Order 39 Rules 1&2 CPC was also filed along with the same. The trial court, vide order dated 20.10.2015, allowed such temporary injunction application. Defendant was restrained from interferring in the suit property during the pendency of the original suit. Aggrieved against the same, a misc. civil appeal was preferred by the defendant-appellant. Such misc. civil appeal was allowed and the order passed by the trial court was set aside, vide order dated 27.08.2016 by learned Addl. District Judge, Khatima. Aggrieved against the same, present writ petition has been filed by the plaintiff-petitioner.

(3.) Suit property is in the shape of a piece of land which falls in khata no. 240, khet no. 1745 / 1 / 3, admeasuring 0.23 Hectare in village Naugaon Thaggu. The question before this Court is who is owner-in-possession of the same? Whether plaintiff-petitioner or the defendant-respondent?