LAWS(ALL)-2004-5-117

KESHAW KUMAR Vs. U P KHADI VILLAGE INDUSTRIES

Decided On May 24, 2004
KESHAW KUMAR Appellant
V/S
U.P.KHADI, VILLAGE INDUSTRIES Respondents

JUDGEMENT

(1.) Heard Sri K. D. Tripathi learned counsel appearing on behalf of the petitioners-plaintiffs and Sri Rajendra Prasad Singh, learned counsel for the respondent Nos. 1 and 2.

(2.) Petitioners-plaintiffs by means of present writ petition has challenged the order passed by the trial court, whereby the trial court has refused to grant temporary injunction to the plaintiffs to the effect that no recovery shall be made by selling or auctioning the property in question which was admittedly mortgaged with the defendants, who have advanced a loan of Rs. five lacs, forty thousand and odd to Sri Pratap Singh. Aggrieved thereby, the petitioners approached the lower appellate court. The lower appellate court maintained the order passed by the trial court and dismissed the appeal. These two orders impugned in the present writ petition, which have been challenged by the petitioners in this petition.

(3.) The petitioners case is that they are neither the loaner, nor guarantor and that the property in question, which was mortgaged with the defendants has been inherited by them by virtue of a Will. The petitioners, therefore, contended that the trial court as well as the lower appellate court has committed an error of law in refusing to grant temporary injunction to the petitioners. Order XXXIX. Rule 2 of the Code of Civil Procedure, as amended by State of U. P., whereby the proviso has been added, particularly, Clause (g), which is reproduced below :