NASIR KHAN Vs. ADDITIONAL CIVIL JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set-aside the orders dated 22nd June, 2011 and 11th April, 2011 passed by learned Additional District Judge No.5, Jaipur Metropolitan and the Additional Civil Judge (Jr.Div.), Jaipur Metropolitan, 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 a suit came to be filed by the plaintiff-petitioner for permanent injunction against the respondents-defendants together with an application for temporary injunction before the learned trial court. The learned trial court, having analyzed the matter in detail, dismissed the application for temporary injunction vide order dated 11th April, 2011. Aggrieved with the order dated 11th April, 2011, the plaintiff - petitioner preferred an appeal before the Additional District Judge No.5, Jaipur Metropolitan. The learned appellate court, vide its order dated 22nd June, 2011, dismissed the appeal of the plaintiff-petitioner 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 Honble 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.