DEV RAJ Vs. SAT PAL

JUDGEMENT

(1.) The petitioner has filed the present petition in terms of Article 227 of the Constitution of India whereby the petitioner seeks setting aside of order dtd. 12/11/2020, passed by the court of learned 2nd Additional District Judge, Jammu in appeal filed against the order of the trial court passed in the application filed for interim relief by the plaintiff/respondent in the suit, on the grounds mentioned in the petition.

(2.) The respondent has appeared through counsel to contest the petition.

(3.) The main contention raised by Mr. Vikram Sharma, learned senior counsel appearing for the petitioner is that the order passed by the appellate court whereby the court has allowed the respondent-Sat Pal to carry agriculture pursuits in the land in question is prima facie illegal and contradictory to what has been held by the appellate court in earlier part of its order which is presently impugned in the writ petition. The order whereby the respondent has been allowed to carry agriculture pursuits in the suit land is illegal.