SMT. MEHRUNNISHA AND OTHERS Vs. RAJEENDRA RATHORE

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution takes exception to the orders passed by the appellate court in Civil Appeal No.1/18 whereby the interference was declined on the injunction order dated 16.1.2018 passed in Civil Suit No.86A/16.

(2.) Draped in brevity, the admitted facts between the parties are that the respondent/plaintiff filed a suit for permanent injunction before the trial court which was registered as Civil Suit No.86A/16. The trial court by order dated 12.12.2017 Annexure R/1 put the other side to notice and till next date injuncted the petitioners/defendants not to evict the plaintiff. Thereafter, the defendants entered appearance and filed their response to the application under Order 39, Rule 1 and 2 CPC.

(3.) The court decided another application of plaintiff dated 8.12.2017 (Annexure P/2) by order dated 16.1.2018 and directed the defendants not to interfere in the possession of the plaintiff. In addition, the plaintiff was directed to remove the wall constructed in front of suit shop. The defendants unsuccessfully assailed this order in Regular Civil Appeal No.1/18 which was dismissed on 15.2.2018.