UNION OF INDIA Vs. NEK RAM SHARMA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 22.7.2002 recorded by the learned Additional District Judge, Jammu in respect of an application for issuance of ad -interim injunction arising out of Civil Original Suit titled as Union of India & Anr. Vs. Nek Ram Sharma.

(2.) IT appears that a Civil Original Suit for ejectment of suit premises which comprises of a building located at Pacca Danga, Jammu came to be instituted by Nek Ram respondent herein before the Principal District Judge, Jammu against the present appellant. This suit came to be registered as COA No.23 of 23.9.1994 in the office of Principal District Judge, Jammu. In this suit, the defendants/appellants herein came to file written statement wherein they came to admit the respondent Nek Ram as landlord of the suit premises. After full dressed trial, this suit came to be decreed by the learned Principal District Judge, Jammu by virtue of judgment dated 24.3.1995. This judgment and decree came to be challenged before this Court by the appellants herein and the Learned Single Judge of this Court came to dismiss the appeal after concurring with the Trial Court judgment. This judgment of the learned Single Judge came to be further challenged by the appellants before the Letters Patent Bench where also the appellants failed. Thereafter, it appears the appellants invoked the writ jurisdiction of this Court seeking directions in the names of State and its instrumentality to take possession of the property and for which respondent had obtained an order of ejectment. This writ petition also came to be dismissed on 26.4.2002 as misconceived by Honble Acting Chief Justice Mr. V.K. Jhanji as his lordship then was. Now after having failed before the Trial Court, before the appellate Court and also before the Writ Court, the appellants have instituted a suit challenging therein the said decree passed by the Principal District Judge, Jammu as null and void and obtained by fraud with consequential relief of permanent prohibitory injunction restraining the respondent from taking over possession of the said property on the basis of execution of the said decree. Alongside this suit an application for issuance of ad -interim injunction restraining the respondent to take possession of said property came to be presented. Learned Trial Court after hearing the parties has by virtue of impugned order rejected the prayer for issuance of ad -interim injunction sought by the appellants.

(3.) HEARD the Learned Counsel for the parties.