MANOJ KUMAR TIWARI Vs. BABITA SHARMA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, along with petitioner - Dr. Manoj Kumar Tiwari as well as learned counsel for the respondents. This writ petition has been directed against the order passed by the learned Lower Appellate Court dt. 10.04.2010 by which the appeal filed by the appellant against the dismissal of his application under Order 39 Rule 1 and 2 C.P.C. vide order dt. 21.11.2006 by the learned trial Court was dismissed.

(2.) THE parties are the husband and wife and the dispute relates to property situated at 31, Ganesh Colony, Mahesh Nagar, 80 ft. Road, Jaipur a residential house. In short, the petitioner, who is the plaintiff, claimed that he may not be dispossessed from the house in question.

(3.) IT appears that the suit was filed in the year 2006 seeking permanent injunction that the petitioner may not be dispossessed and at the same time that the respondent -defendants be restrained not to alienate the property or dismental or damage the same in any manner.