JAGAN NATH Vs. AMARJIT SINGH AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India seeking to set aside the order dated 03.11.2014 (Annexure P-6) passed under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (CPC) during pendency of the appeal, declining the prayer for grant of temporary injunction.

(2.) The petitioner filed civil suit no. 303 of 2004 against the respondents for possession by way of separation of his 1/10th share in the suit property, which was dismissed by the trial Court on 15.02.2014. The petitioner preferred appeal against the judgment and decree, during pendency of which the petitioner made a prayer for ad-interim injunction.

(3.) It was stated by the petitioner in his application under Order XXXIX Rules 1 and 2 CPC that he is in possession of the shop which he purchased from one of the co-sharer vide sale deed dated 04.11.2003. His possession over the said shop was admitted. The respondents were trying to dispossess the petitioner from this shop taking advantage of the judgment and decree under challenge