MEHARWAN SINGH Vs. PAURI GARHWAL

JUDGEMENT

(1.) LEARNED Counsel for the parties are ready to argue the writ petition finally at the admission stage. Heard. By means of this writ petition, the petitioners have sought quashing of or ­der dated 6.10.2005 passed by the District Judge Pauri Garhwal, whereby the order dated 18.5.2004 passed by the Civil Judge (Senior Division) Pauri Garhwal was set aside and the application for temporary injunction moved un ­der Order XXXIX, Rule 1, C.P.C. of the petitioners was rejected.

(2.) RELEVANT facts giving rise to the present writ petition in brief are that the petitioners herein filed a Civil Suit No. 32 of 2003 Meharwan Singh and others v. Gabar Singh'and others for a decree of permanent injunction in the Trial Court. Along with the. plaint, application for temporary injunction was also moved. Defendants filed their objection contending that plaintiffs are nei ­ther residents of village Bhitai Talli nor they have residential house nor they have any right in the disputed land.

(3.) AGGRIEVED , the defendants who are private respondents herein filed Miscellaneous Appeal No. 7 of 2004 before the District Judge Pauri Garhwal. The Appellate Court after hearing both the parties has held that prima fade the plaintiffs failed to establish that they have easementary rights over the entire village land and ultimately allowed the appeal and set aside the order passed by the Trial Court.