SHRUTI FRUITS PVT. LTD. Vs. SUREIYA

JUDGEMENT

(1.) BY means of this petition, the Petitioners have sought writ in the nature of certiorari quashing the impugned order dated 6th July, 2009, whereby the application filed by the Plaintiff (Respondent herein) for Survey Commission was allowed. It has further been prayed by the Petitioners that during the pendency of writ petition, further proceedings of Suit No. 59 of 2009 be stayed.

(2.) BRIEF facts of the case, giving rise to the writ petition, are that suit for permanent injunction was instituted by the Respondent (Petitioners herein) restraining the Defendants to interfere in plot No. 359, situated at Village -Bailjuri, Tehsil -Kashipur. According to the Plaintiff/ Respondent, during the pendency of the suit she allegedly raised a wall in her plot and according to the Petitioners/Defendants, the wall was already in existence in their plot No. 358. It is also contended that the wall was also demolished by the Plaintiff. The plaint was amended and relief 'B' was sought for mandatory injunction to demolish the wall allegedly constructed by the Petitioners /Defendants during the pendency of the suit.

(3.) SHRI Sharad Sharma, Learned Senior Advocate appearing on behalf of the Petitioners, has vehemently urged that the Learned trial court has not applied its mind, while passing the impugned order and did not consider the objections of the Petitioners.