KISHAN LAL Vs. ADJ NO 2

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioners have beseeched to quash and set-aside the order dated 15.2.2008 and 22.11.2006 passed by Additional District Judge No.2, Kota and Civil Judge (Jr. Division) North, Kota 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-respondent no.3 filed a suit for permanent injunction together with an application for temporary injunction against the defendants-petitioners before the learned trial court. The learned trial court, having analyzed the matter in detail, allowed the application for temporary injunction vide order dated 22.11.2006. Aggrieved with the order dated 22.11.2006, the defendant-petitioners preferred an appeal before the Additional District Judge No.2, Kota. The learned appellate court, vide its order dated 15.2.2008, dismissed the appeal of the defendant-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.