RAMLOTAN KANOJE Vs. PRAMOD S/O RAMACHARAYA VISHWAKARMA

JUDGEMENT

(1.) Rule.

(2.) Rule is made returnable forthwith and heard finally by consent of parties. Heard Shri R G Agrawal, learned counsel for petitioners and Mr. Upadhyay, learned counsel appearing for respondent.

(3.) The petitioners are the the original defendants and the respondent is the original plaintiff. The Respondent filed Regular Civil Suit No. 155/2006 for perpetual injunction restraining the petitioners from obstructing his possession over the suit shop. The respondent also filed an application at Exh.5 for temporary injunction. Learned trial Judge disposed of this application on 12.2.2007 thereby rejected respondent's application. The respondent being aggrieved, preferred Miscellaneous Civil Appeal No.7/2007 before learned Additional District Judge, Pusad Dist. Yavatmal and by the order dated 21.4.2007 the lower Appellate Court granted respondent's application at Exh. 5 thereby restraining the petitioners from disturbing the respondent's possession in the suit shop. The petitioners, thereafter, filed this petition challenging the above- said order of lower Appellate Court. This Court on 22.5.2007 was pleased to issue notice before admission and, meanwhile, the parties to the petition were directed to maintain status quo. There is no dispute that this order of status quo is in operation till today.