GOVIND DEVI Vs. KANHAIYA LAL

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set-aside the orders dated 28th January, 2009 and 25th November, 2008 passed by Additional District Judge (Fast Track) No.4, Jaipur City, Jaipur and Additional Civil Judge (Jr.Div.) West, Jaipur City, Jaipur, respectively.

(2.) HAVING heard the learned counsel for the petitioners and carefully perused the relevant material on record including the impugned orders, it is noticed that a suit for permanent injunction was filed by plaintiff-respondent no.1 against the petitioners and defendant/respondent no.2 together with an application for temporary injunction. The learned trial court, having analyzed the matter ad-longum, allowed the application for temporary injunction filed by the plaintiff-respondent no.1 vide order dated 25th November, 2008. Aggrieved with the order dated 25th November, 2008, the petitioner-defendant preferred an appeal before the learned appellate court. The learned appellate court also, vide its order dated 28th January, 2009, dismissed the appeal of the petitioner-defendant and affirmed the order of the learned 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.