ANJANA RANI Vs. RAJENDRA ALAI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is defendants' petition under Article 227 of the Constitution against order dtd. 24/7/2018 passed by learned First Additional Civil Judge (Senior Division), Dehradun, whereby plaintiff's (respondent no. 1 herein) application under Order 26 Rule 9 C.P.C. for appointment of a Commission was partly allowed. The judgment and order dtd. 16/4/2019 passed by learned Additional District Judge VIII, Dehradun in Civil Revision No. 161 of 2018 has also been challenged in this petition.

(3.) It transpires that respondent no. 1 filed a suit for permanent injunction against the petitioners. Petitioners filed written statement and raised a counter claim and asserted their title over the suit property. Both the parties applied for temporary injunction and the learned trial Court granted temporary injunction in favour of the plaintiff.