ABDUL NOOR Vs. MARUTI ROADWAYS

JUDGEMENT

(1.) HEARD Mr. N. Choudhury, learned counsel for the petitioner and Mr. Gour, learned counsel of the respondents.

(2.) THE present petition is directed against the order dated 3.8.1999 passed by the learned lower appellate court in Misc. Appeal No. 24/97 affirming the order dated 12.8.1997 passed by the learned trial court in Misc. Case No. 48/97 arising out of T.S. No. 104/97 rejecting the prayer for temporary injunction for restraining the opp. party from taking the possession/custody of the suit vehicle from petitioner/ plaintiff.

(3.) MR . Choudhury, learned counsel for the petitioner, while assailing the impugned order has argued that the learned court below erred in dismissing the appeal by overlooking the fact that the petitioner was the owner of the vehicle and that the opp. party had no semblance of right to claim possession/custody thereof. According to him the learned lower appellate court totally misread the evidence on record and therefore the impugned order is perverse and is liable to be interfered with.