HARI KANT JOSHI Vs. DISTRICT JUDGE UTTARKASHI

JUDGEMENT

(1.) P. C. Verma, J. Sri Kedar Singh Rawat had accepted notice on behalf of Respondent No. 2, who filed suit for permanent injunction against the petitioner. The District Judge while passing the impugned order dated 19-4-2001 provided that till the disposal of the objection to be filed by the defendant, the defendants are sustained from dispossessing the plaintiff over the disputed level and making any interference in construction made by the plaintiff in anyway.

(2.) THE learned Counsel for the petitioner submits that the objection has been filed, but the same are not being disposed of and the respondents are making construction in case they complete the constructions, the defendants would be put to an irreparable loss, therefore, keeping the balance of convenience between the parties, it is expedient that the order dated 19-4-2001 should be stayed till the disposal of the objection filed by the petitioner/defendant. THE date fixed for the disposal of the objection of the defendant/petitioner was 3-5-2001, but the same was not disposed of.

(3.) THE petition is disposed of in term of aforesaid observation. Petition disposed of. .