KARAM CHAND Vs. MADHUBALA

JUDGEMENT

(1.) Present petition is filed challenging order dated 5.7.2010 passed by Addl. District Judge, Kaithal whereby appellant/ defendant (respondent herein) was permitted to raise construction over the property in dispute at his own risk without issuing any notice to the plaintiff/respondent (petitioner herein).

(2.) Learned trial Court has allowed ad interim injunction application moved by the plaintiff (petitioner herein) restraining the defendant not to raise construction over the property in dispute till further orders. On the appeal filed by the defendant impugned order was passed at the admission stage of the appeal. In the opinion of this Court, if trial Court has exercised discretion in granting ad interim injunction restraining the defendant not to raise construction over the property in dispute, Appellate Court ordinarily at the admission stage should not grant permission to the appellant/defendant to raise construction at his own risk. By the impugned order Appellate Court without deciding the appeal and without issuing any notice to the plaintiff at the admission stage has permitted the defendant to raise construction thereby indirectly allowing the appeal itself. Action of the Appellate Court can not be said to be justified and legal. Present petition is allowed.

(3.) Impugned order is set aside. However, Appellate Court is directed to decide the appeal on the next date of hearing itself at its own merits in accordance with law.