RAJIV KUMAR SHARMA Vs. RENU SHARMA

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order passed by learned Additional District Judge -I, Kangra at Dharamshala on 26.7.2013 whereby he upheld the restraint order passed by learned Civil Judge (Senior Division), Kangra at Dharamshala on 1.8.2011.

(2.) IT is fairly conceded by learned counsel for the petitioner that the issue of transfer or sale of vehicle No. HP -68 -2281 is not in issue as the petitioner has no right, title or interest in this bus save and except to see that the installment as undertaken by the respondent is paid within the stipulated time. The instant petition therefore is only confined to the route permit which had been granted to the petitioner against bus purchased by him bearing registration No. HP -68 -2281, which admittedly has been sold to the respondent for sale consideration of Rs. 9,50,000/ - and the remaining amount was to be paid by her as per the settlement.

(3.) IN the appeal carried out before the learned lower Appellate Court, this aspect of the matter does not appear to have been dealt with and it was simply held that since the bus was being plied by the respondent, therefore, the injunction granted by the learned trial Court called for no interference.