MAHENDRA SINGH Vs. ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set-aside the orders dated 22nd September, 2009 and 2nd August, 2005 passed by Additional District Judge (Fast Track) No.1, Dholpur and Civil Judge (Jr.Div.), Dholpur, respectively.

(2.) HAVING heard the learned counsel for the petitioner 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 defendants-respondents together with an application for temporary injunction before the learned trial court. The learned trial court, having analyzed the matter ad-longum dismissed the application for temporary injunction vide order dated 2nd August, 2005. Aggrieved with the order dated 2nd August, 2005, the plaintiff-petitioner preferred an appeal before the appellate court. The learned appellate court, vide its order dated 22nd September, 2009, 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 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.