RENU WELFARE TRUST Vs. INDRAJEET KAUR CHADDHA

JUDGEMENT

(1.) PRESENT petition has been filed by the petitioner being aggrieved by the order passed by the VII Additional District Judge, Gwalior dated 13.3.08 by which the application filed by the respondents No. 1 and 2 against the order passed by the V Civil Judge Class-I, Gwalior dated 6.2.2008 has been allowed. The trial Court, while considering the application under order 39 rules 1 and 2 of CPC, has directed that the possession of the petitioner/plaintiff shall not be interfered with till the pendency of the suit, In appeal, the appellant Court has set aside the order and while setting aside the order the appellant Court has observed that the trial Court should have taken into consideration the fact that whether the, plaintiff's trust was in possession of the land or nor? Possession in respect of disputed land which includes the place of selling liquor is claimed by both the parties i.e. by the plaintiff as well as the respondents and the finding can be given in respect of possession only after appreciation of the evidence. The appellate Court was, therefore, justified and has rightly set aside the order passed by the trial Court. The present petition has been filed under Article 227 of the Constitution and the scope of interference in a writ petition under Article 227 is quite limited. Resultantly, petition stands dismissed.

(2.) ACCORDINGLY, petition stands dismissed. No order as to costs. A.V. Bhardwaj for petitioner.