SWARAN SINGH Vs. GOPAL DASS

JUDGEMENT

(1.) THIS petition has been preferred against the order dated 24. 10. 1997 passed by Additional District Judge, Kaithal. By the aforesaid order, learned Additional District Judge, Kaithal has upheld the order dated 9. 5. 1997 passed by the learned trial Court by which application filed by the plaintiff under Order 39 Rules 1 and 2 read with Section 151 C. P. C. was allowed.

(2.) MR . Bajaj, learned counsel appearing for the petitioner submits that both the courts below have not appreciated correctly the documents placed on record and have inadvertently come to prima-facie conclusion that balance of convenience was in favour of the plaintiff. He further submits that the plaintiff has himself admitted that the possession of the suit land was delivered to the defendants and keeping in view the admission of the plaintiff, the trial Court should not have granted the interim injunction in favour of the plaintiff. I however, do not find any merit in the contention raised by the learned counsel for the petitioner.