RAJINDER SINGH Vs. MADAN LAL

JUDGEMENT

(1.) The present petition has been filed seeking an appropriate relief for quashing the order Dt. 11.10.2011, passed by the learned Principal District Judge, Jammu, in an appeal filed against the order of 3rd Civil Subordinate Sub Judge (Excise Magistrate), Jammu, Dt. 30.6.2009, whereby the learned trial court in a suit for injunction has vacated its earlier order of injunction Dt. 3.9.2008, and dismissed the application filed by the plaintiff-petitioner herein. Vide impugned order, the appellate court accepted the appeal filed by the appellant-petitioner herein. The operative part of order impugned is reproduce below:-

(2.) Heard learned counsel for the parties.

(3.) The scope of interference by this court in writ jurisdiction against the orders passed by the civil courts is no longer res integra. The Apex court in the case reported as Shalini Shyam Shetty and Anr. v. Rajendra Shankar Patil, 2010 8 SCC 329, while dealing with the said issue laid down the principles regarding exercise of supervisory jurisdiction by the High Courts. In paragraph 56, it was held as under:--