DINA NATH SHARMA Vs. KAMAL DEV

JUDGEMENT

(1.) By way of present petition under Section 227 of the Constitution of India, the petitioner makes a grievance that despite having filed a caveat petition under Section 148-A CPC, the learned trial Court passed an ad-interim injunction.

(2.) The respondent appears to have filed a suit for declaration that he was owner in possession of the suit land by way of adverse possession and further prayed for a decree of permanent injunction restraining the petitioner from interfering over the suit land. It further appears that the suit had been filed by the petitioner qua this very property which was decreed in his favour. Though, in the said suit, the respondent herein was not a party.

(3.) The respondent filed the suit on 17.10.2013 while the Caveat Petition came to be preferred by the petitioner only on 26.3.2014, though no ad-interim orders till date had been passed. The matter was thereafter listed on 16.4.2014 for service and reply to the application and lastly when the matter came up on 24.5.2014, the learned trial Court passed the following orders: