LAWS(P&H)-2014-1-38

AMIT KUMAR Vs. NARESH KUMAR

Decided On January 30, 2014
AMIT KUMAR Appellant
V/S
NARESH KUMAR Respondents

JUDGEMENT

(1.) TERSELY , the facts & material, culminating in the commencement, relevant for deciding the instant revision petition and emanating from the record, are that, initially, respondent No.1 -plaintiff Naresh Kumar s/o Rameshwar Dass (for brevity "the plaintiff") has instituted the civil suit (Annexure P1) for a decree of permanent, prohibitory and mandatory injunction, restraining petitioner -defendant No.1 Amit Kumar and his father Shiv Kumar proforma respondent No.2 -defendant No.2 (for short "the defendants"), from raising any construction over the plot in dispute, in any manner. The plaintiff has also filed an application for ad interim injunction under Order 39 Rules 1 and 2 read with Section 151 CPC.

(2.) SEQUELLY , the petitioner -defendant No.1 contested the claim of plaintiff & stay application, filed written statement (Annexure P2), stoutly denied all the allegations contained in the plaint and prayed for dismissal of the suit.

(3.) AGGRIEVED thereby, the appeal filed by petitioner -defendant No.1 was dismissed as well, by the appellate Court, by virtue of impugned judgment dated 6.1.2014.