SENIOR SECTION ENGINEER WORKS Vs. SEEMA SHARMA

JUDGEMENT

(1.) The petitioner in the present writ petition, is a defendant in a Suit filed for grant of a decree of permanent injunction, which was filed by the plaintiff (respondent herein) on 28.02.2009 being Suit No. 49 of 2009 'Smt. Seema Sharma vs. Senior Section Engineer Works, Northern Railway Station, Hardiwar, District Haridwar.

(2.) In the suit in question, which was preferred by the plaintiff/respondents has sought a decree of permanent injunction in relation to the property, which was more particularly described in the details of the properties as given at the foot of the plaint, which was defined and described by its chauhaddi. The details of the property as given therein is quoted hereunder: ...[VARNACULAR TEXT UMITTED]...

(3.) The suit in question, which was instituted on 28.02.2009, it accompanied with it an application for the grant of temporary injunction by invoking the provisions as contained under Order 39 Rule 1 and 2 of CPC, wherein, the temporary injunction, which was sought for by the plaintiff (respondent herein) was in the nature of an order of restraint as against the defendant of the Suit from interfering in their exclusive possession of the property in dispute, which the plaintiff/respondent contends to have purchased the same by virtue of the registered sale deed executed in her favour, which has been detailed in paragraph 2 of the plaint, i.e. the sale deed dated 03.05.2007, by virtue of which she contends that a title and a right over the disputed property was conveyed to her in relation to the property in dispute.