BHUPESH KUMAR SAH Vs. MOHIT LAL

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks writ in the nature of certiorari quashing the order dated 14.02.2017, passed by learned Addl. District Judge, Ranikhet, District Almora in Misc. civil appeal no. 14 of 2016, Bhupesh Kumar Sah vs Mohit Lal. A further writ has been sought for quashing the order dated 14.10.2016, passed by Civil Judge (Jr. Div.) Dwarahat in civil suit no. 02 of 2016, Mohit Lal vs Bhupesh Kumar Sah.

(2.) Plaintiff-Respondent filed a civil suit against the defendant-petitioner for a relief of permanent prohibitory injunction in respect of a piece of land which falls in khatauni no. 00318, khet no. 191, measuring 0.013 Hectare, details of which were given at the foot of the plaint. An application under Order 39 Rules 1&2 CPC was filed by the plaintiff-respondent, which was allowed, vide order dated 14.10.2016. The defendant was restrained from interferring in the possession of the plaintiff over the suit property during the pendency of the original suit. Aggrieved against the same, a misc. civil appeal was preferred by the defendant-appellant, which was dismissed by learned Addl. District Judge, Ranikhet, vide judgment and order dated 14.02.2017. Still aggrieved with the same, present writ petition has been filed by the defendant-plaintiff.

(3.) Thus there are concurrent findings of the two courts below in favour of the plaintiff (respondent herein).