RAJENDRA PRASAD KUSHWAH Vs. DALCHAND KUSHWAH

JUDGEMENT

(1.) Since these matters are arising out of common order passed in Misc. Civil Appeal No. 03/2014, dated 16.04.2014, these petitions were analogously heard on the joint request and decided by this common order. WP No. 5756/2014 is filed by the plaintiff / petitioner against the order dated 16.04.2014. The defendant is also aggrieved by certain portion of this order and filed WP No. 3442/2014.

(2.) Brief facts necessary for adjudication of these matters are as under : -

(3.) Shri Manoj Gupta, Advocate for the plaintiff, strenuously contended that the defendant did not deny the averments of amended para 8(a). The trial court by order dated 29.11.2013 rejected the application of plaintiff under O. 39 R. 1 & 2. Plaintiff filed the Misc. appeal which was decided by order dated 16.04.2014. This order is assailed by both the parties. The grievance of the plaintiff / petitioner is that his specific prayer made by way of amendment in injunction application has not been dealt with and status quo which was prevailing at the time of filing of suit should have been maintained. Despite specific finding in para 8 of the appellate order, the said court erred in not restoring his position.