LAWS(P&H)-2010-7-33

LAXMINARAIN Vs. HARCHAND

Decided On July 01, 2010
LAXMINARAIN Appellant
V/S
HARCHAND Respondents

JUDGEMENT

(1.) THIS petition is filed invoking jurisdiction of this Court under Article 226 of the Constitution of India impugning the order dated 4.8.2009 passed by the trial Court and order dated 6.2.2010 passed by the Appellate Court thereby granting ad interim injunction in favour of the plaintiff/respondents.

(2.) LEARNED counsel for the petitioner very fairly stated that scope of present petition under Article 226 of the Constitution of India is limited and orders impugned can only be challenged on the ground of jurisdictional error or manifest error of law. He further states that learned trial Court as well as Appellate Court having granted ad interim injunction in favour of the plaintiff virtually granted final relief sought in the plaint. He further states that order impugned should be modified directing both the parties to maintain status quo qua the possession and nature of the property. Learned counsel for the respondents has no objection to it. Both the counsel for the parties further stated that learned trial Court be directed to decide the suit without any further delay.