PHOOL KUMAR Vs. SHYAM SINGH

JUDGEMENT

(1.) Heard Sri Nipun Singh, learned counsel for the petitioner and Shri Syed Ali Imam, learned counsel appearing for the respondents.

(2.) Petitioner before this Court is the plaintiff in the suit instituted for permanent prohibitory injunction being O.S. No. 106 of 2020. In the suit, he moved a temporary injunction application being paper no. 6C along with an affidavit. After the written statement was filed and so also the objection to the pending 6C application by the defendant-respondents, the said application was finally granted by the trial court in favour of the petitioner with a direction to the parties to maintain status quo in respect of the suit property vide order dtd. 16/3/2021.

(3.) However, upon a miscellaneous appeal being filed under Order XLIII Rule 1(r) by the defendant-respondents, the said appeal came to be allowed by the District Judge, Gautam Buddha Nagar vide order dtd. 24/11/2022 setting aside the order of the status quo passed by the trial court.