KHAJAN SINGH Vs. BRIJENDRA SINGH

JUDGEMENT

(1.) Heard learned Counsel appearing on behalf of the petitioner.

(2.) The petitioner-plaintiff, by means of present writ petition under Article 226 of the Constitution of India, challenges the order dated 11th August, 2005, passed by trial court, whereby the trial court rejected the application filed by the petitioner-plaintiff for grant of temporary injunction and the order dated 12th August, 2005, passed by the revisional court, whereby the revisional court dismissed the revision filed by the petitioner, copies whereof are annexed as Annexures-'2' and '1', respectively to the writ petition.

(3.) The facts, in short, of the present case are that the petitioner-plaintiff filed a suit for permanent injunction over the disputed property. Along with the suit, an application was also filed by the petitioner-plaintiff before the trial court for grant of temporary injunction in his favour. The respondent-defendant filed objection to the application filed by the petitioner-plaintiff and denied the allegations made therein. The trial court after considering the evidence on record vide order dated 11th August, 2005, declined to grant ex parte temporary injunction and issued notices to the defendant-respondent with the observation that in the facts and circumstances of the case, the application for grant of temporary injunction cannot be accepted ex parte and fixed the case for 29th August, 2005 and rejected the application filed by the petitioner-plaintiff.