RAM KUMAR Vs. LAJPAT RAI

JUDGEMENT

(1.) The present revision petition has been filed under Art. 227 of the Constitution of India for setting aside impugned order dated 06.04.2017 passed by learned Additional District Judge, Yamuna Nagar at Jagadhri whereby, the application moved by the petitioners has been dismissed.

(2.) Briefly, the facts of the case as made out in the present revision petition are that the respondents-plaintiffs filed a suit for permanent injunction restraining the petitioners-defendants from interfering in their possession over the property in dispute, which was decreed in their favour and petitioners-defendants were restrained from interfering in the possession over the land in dispute vide judgment dated 08.11.2016.

(3.) Against said judgment and decree passed by the trial Court, an appeal was filed by the petitioners-defendants before the Additional District Judge, Yamuna Nagar. Along with the appeal, an application under Order 41, Rule 5 Code of Civil Procedure was filed for staying the operation of impugned judgment and decree till the final decision of the appeal. Reply to said application was filed stating therein that the Court was not having any power to entertain the application and no injunction could be granted at the instance of defendants against the plaintiffs. It was held that the appeal was continuation of original proceedings and the defendants could have claimed their right, if any, before the trial Court or in the appeal. It was also held that the applicants were not having prima facie case in their favour and the application being devoid of any merit was dismissed vide order dated 06.04.2017, which is subject matter of challenge in the present revision petition.