SUNIL MADAN Vs. BELA RAM BATRA

JUDGEMENT

(1.) HEARD Sri Neeraj Garg, Learned Counsel for the Petitioner and Sri Jitendra Chaudhary, Learned Counsel for the Respondent.

(2.) LEARNED Counsel for the Respondent has submitted that he is not willing to file counter affidavit. Only the legal question involved is to be decided in the writ petition and it is further submitted that the writ petition may be disposed of at the admission stage finally.

(3.) THE facts, in brief, are that the Respondent/Plaintiff had filed Original Suit No. 343 of 2009, Bela Ram Batra v. Sunil Madan before the Civil Judge (Junior Division), Dehradun and also moved application for temporary injunction under Order XXXIX Rule 1 &2 read with Section 151 of the Code of Civil Procedure The court below did not find favour to grant ex parte temporary injunction and on 08.05.2009 notices were ordered to be issued to the Defendant/Petitioner to file objection on the application under Order XXXIX Rule 1 & 2 Code of Civil Procedure Aggrieved by the order dated 08.05.2009, the Respondent/Plaintiff preferred appeal before the District Judge, which was numbered as Misc. Civil Appeal No. 86 of 2009. The said miscellaneous civil appeal was admitted by incharge District Judge on 12.05.2009 and allowed the injunction application ex parte against the Petitioner/Defendant thereby directing both the parties to maintain status quo till 27.05.2009 i.e. the next date fixed in the appeal. On 27.05.2009, the case was adjourned on the application of Defendant/Petitioner and stay order was extended til! 09.07.2009 i.e. the next date fixed for hearing. Aggrieved by both the orders i.e. 12.05.2009 and 27.05.2009, the Petitioner preferred this writ petition.