MADAN MOHAN Vs. LAXMI CHAND

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioners have beseeched to quash and set-aside the order dated 30.7.2010 and 6.8.2008 passed by Additional District Judge Gangapur City and Civil Judge (Jr. Division) Gangapur City respectively.

(2.) HAVING heard the learned counsel for the parties and carefully perused the relevant material on record including the impugned orders, it is noticed that the plaintiff-petitioners filed a suit for cancellation of sale deed and permanent injunction together with an application for temporary injunction against the respondents-defendants before the learned trial court. The learned trial court, having analyzed the matter in detail, dismissed the application for temporary injunction vide order dated 6.8.2008. Aggrieved with the order dated 6.8.2008, the plaintiff-petitioners preferred an appeal before the Additional District Judge, Gangapur City. The learned appellate court, vide its order dated 30.7.2010, dismissed the appeal of the plaintiff-petitioners and affirmed the order of the trial court. Thus, there has been a concurrent finding of fact of both the courts below.

(3.) IN this case, the Hon'ble Apex Court observed that the High Court had no jurisdiction after reversing the concurrent findings of fact of the courts below and remand the case to the Additional Judicial Commissioner.