SHIV RAM SINGH Vs. MANGARA

JUDGEMENT

(1.) in this appeal the plaintiff appellant has challenged correctness of the order of injunction issued by the Court below :-

(2.) The dispute relates to a title to the disputed property claimed by the plaintiff and respondent both. According to the appellant he was in possession of the entire property while defendant asserts her own possession.

(3.) The plaintiff in his suit prayed for injunction against respondent No. 1 praying that his possession may not be disturbed. However, the application remained pending for long time but no effort was made by the plaintiff to have it decided. In the Court below the appellant urged that the aforesaid application should be decided only after the evidence of parties had been recorded. Noticing that the application had been pending for a long time the court took the view that perhaps the plaintiff does not wish to press the application and accordingly rejected the same. Since no appeal against this order has been filed the order has become final.