CHANDRA PRAKASH GUPTA Vs. NOOR MOHD

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order of Civil judge Etah allowing an application of the plaintiff-respondent for temporary tnjunction. By this order respondent has been permitted to raise wall in between the pillars at his own costs and the appellant directed to fill in the dtiches dug by him towards east of the pillars within four days of the order failing which the respondent was entitled to get the ditches filled and recover the costs from the appellant.

(2.) IT appears from the impugned order that two suits 255 of 1992, Chandra Prakash Varma v. Noor Mohammad and 283 of 1992, Noor Mohammad v. Chandra Prakash Varma pending before the court below were consolidated. These two suits were in respect of the same property.

(3.) IN other suit 255 of 1992 also an application had been moved for temporary injunction. IN the common order passed in the two suits the learned trial court has rejected the application for temporary injunction of the appellant. It was alleged that the valuation of the suit was less than one lac, hence appeal has been filed against the said order in the court of District Judge Etah.