HARIOM PASWAN Vs. SUDHIR KUMAR AND OTHERS

JUDGEMENT

(1.) The instant petition is directed against the order dated 29.1.2018 passed by the Additional District Judge, Court No. 3, Saharanpur in Misc. Civil Appeal No. 54 of 2017 as well as order dated 13.11.2017 passed by Additional Civil Judge (Sr. Divn.), Saharanpur in Original Suit No. 434 of 2017. The trial court, by impugned order has rejected application of the petitioner for temporary injunction. The order has been affirmed with dismissal of the appeal.

(2.) The case of the petitioner was that the Society, of which he is the Chairman, was accorded permission to manage three toilets, by the Nagar Nigam, in pursuance of an agreement dated 1.6.2017, however, the private respondents are interfering with the rights of the petitioner to work under the contract dated 1.6.2017. Accordingly, a prohibitory injunction was sought against the private respondents.

(3.) Indisputably, during pendency of the suit, with the leave of the court, Nagar Nigam was impleaded as a party defendant. The original defendants as well as newly impleaded Nagar Nigam filed written statements and contested the claim of the plaintiff inter alia on the ground that the agreement with the petitioner dated 1.6.2017 was cancelled by order dated 18.7.2017, which has not been challenged, and consequently, the suit filed by the petitioner was barred under Section 41(h) of the Specific Relief Act, 1963.