MOHINI BISHT Vs. GEETA DEVI JOSHI

JUDGEMENT

(1.) By means of this petition, petitioner has challenged the judgment and order dated 24.07.2019 passed by learned IInd Additional District Judge, Haldwani, District Nainital in Misc. Civil Appeal No. 30 of 2018.

(2.) Petitioner filed a suit for injunction before learned Civil Judge (Senior Division), Haldwani, District Nainital being Suit No. 61 of 2018. She also moved an application for temporary injunction. Defendant to the suit (respondent herein) filed objection to the temporary injunction application and also Written Statement to the plaint. Learned trial Court allowed petitioner's temporary injunction application vide order dated 07.12.2018, by restraining the defendant from interfering with her possession over the suit land. Feeling aggrieved by the order passed by learned trial Court, defendant filed Misc. Civil Appeal No. 30 of 2018, which has been allowed by learned IInd Additional District Judge, Haldwani, District Nainital vide judgment and order dated 24.07.2019, which is under challenge in this petition.

(3.) A bare perusal of the impugned order reveals that the land belonging to plaintiff as well as defendant is situate in Khasra No. 151 and in view of boundary dispute, proceedings under Section 41 of Land Revenue Act for its demarcation are pending before the Revenue Court. Learned Appellate Court has considered the relevant factors, namely, prima facie case, balance of convenience and irreparable injury in great detail and has held that the plaintiff was not able to make out prima facie case for grant of temporary injunction. Learned Appellate Court has given cogent reasons for setting aside the order passed by learned trial Court.