SHARIF AHMED Vs. SHAHID

JUDGEMENT

(1.) The plaintiff, who is the petitioner in the present writ petition, has filed a Suit No. 62 of 2003 'Sharif vs. Shahid and Others', wherein, in relation to the property lying in Khasra No. 794/2 having an area of 0.065 hectares situated in village Dhakrani, Pargana Pachwa, Tehsil Viaksnagar, District Dehradun, which he claims to be the sankramaniya bhumidhar, of the said land, had instituted the Suit for grant of a decree of permanent injunction, as against the defendants/respondents. It is to the effect that by a decree of permanent injunction they may be restrained from interfering over the property in question. Simultaneously while the Suit was pending consideration before the Civil Court various amendments were carried forwarded in the said Suit by the plaintiff in accordance with the developments, which has taken place during its pendency though at this stage Court is not concerned with the amendments carried before the Trial Court.

(2.) We are not concerned at this stage with regards to the intricacies involved in relation to the rival contentions and claim raised in the pleadings of the Suit in question. Presently, what we are concerned in the present writ petition is that before the learned Trial Court when the Suit itself was pending after being instituted on 10.03.2003 the learned Trial Court has granted an injunction under Order 39 Rule 1/2 of Code of Civil Procedure in favour of the plaintiff on 25.03.2003, wherein, while considering the application paper no.6C2 under Order 39 Rule 1 and 2 of the Code of Civil Procedure the Court has directed the parties to maintain the status quo qua the disputed property till 18.04.2003. The order is quoted herein below:

(3.) The plaintiff contending that despite of the interim injunction granted on 25.03.2003 the defendants have still continued to interfere in their possession, which they claimed, hence, consequently, they have filed an application invoking Order 39 Rule 2A on 04.04.2003, which was numbered as Miscellaneous Case No.39 of 2003 'Sharif Ahmed vs. Shahid'. The said application came up for consideration and the learned Trial Court, and it had passed an order on 11.12.2013 holding thereof that the plaintiff has failed to establish that there was an interference made despite of grant of status quo order by the Court and consequently the application under Order 39 Rule 2A was dismissed with a cost by the Trial Court on 11.12.2013. As against the dismissal of an application under Order 39 Rule 2A of the CPC there is a provision of appeal contemplated under Order 43 Rule 1(r) of the CPC.