VIKAS YADAV Vs. BALI RAM

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks appropriate order or direction for setting aside the impugned order dated 13.01.2017, passed by learned I Addl. District Judge, Udham Singh Nagar-Rudrapur, in Misc. Civil Appeal no. 72 of 2014, Balli Ram v. Vikas Yadav.

(2.) Plaintiff-petitioner filed a suit against defendant-respondent for permanent prohibitory injunction along with an application under Order 39 Rules 1&2 CPC for granting temporary injunction. The trial court [Civil Judge (Jr. Div.), Kashipur allowed such an application. Defendant-respondent had also prayed for relief of temporary injunction in his favour, which was dismissed by the trial court vide order dated 21.11.2014. Defendant-respondent was restrained from interfering in the disputed land, details of which were given at the foot of the plaint, and which comprises of khasra no. 276/1, admeasuring 0.010 Hectare.

(3.) Aggrieved with the same, defendant-respondent filed misc. civil appeal, which was allowed by learned I Addl. District Judge, Udham Singh Nagar vide order dated 101.2017. Aggrieved against the same, present writ petition has been filed by the plaintiff-petitioner.