BHERU SINGH Vs. CHHANV KANWAR & ORS

JUDGEMENT

(1.) Instant writ petition has been filed by the petitioner under Article 227 of the Constitution of India to challenge order dated 8.9.2008 passed by the Addl. Dis- trict judge, Sojat in Appeal No. 18/2006 and impugned order dated 13.7.2010 passed by the Addl. District Judge, Sojat in the review petition by which the temporary injunction application filed by the respondent- plaintiff was allowed.

(2.) At the threshold, learned counsel for the petitioner submits that in the suit filed by the respondent- plaintiff in the Court of Civil Judge (Jr. Dn.), Sojat, an application under order 39 Rules 1 and 2, C.P.C. was filed and the trial Court after taking into consideration the important aspect of the matter that for the same relief earlier a suit No. 50/1996 was filed by the plaintiff which was dismissed by the Civil Judge (Jr. Dn.), Sojat City vide order dated 13.8.2001, therefore, no interim relief can be granted by the trial Court to the plaintiff. Said order was passed by the trial Court on 16.10.2006 in Civil Misc. Case No. 48/2005. Against that order an appeal was preferred in the Court of Addl. District Judge, Sojat and learned Addl. District Judge, Sojat allowed the appeal and passed an order to maintain status quo till disposal of the suit. The petitioner-defendant filed a review petition under Order 47 Rule 1, C.P.C. but, that, too, was dismissed vide order dated 13.7.2010.

(3.) In this Writ petition, the petitioner-defendant is challenging the validity of both the orders dated 13.7.20 10 as well as order dated 8.9.2008.