HADMAN RAM Vs. RAM CHANDRA AND ANOTHER

JUDGEMENT

(1.) These writ petitions have been filed by the petitioner plaintiff feeling aggrieved by the order dated 13.03.2012 passed by the learned trial court, whereby, the counter claim filed by the respondents was taken on record.

(2.) The brief facts of the cases are that the petitioner filed suit for permanent injunction against the respondents along with application under Order XXXIX, Rule 1 and 2 CPC. On service of summons and notices, the defendants filed written statement to the plaint and reply to the temporary injunction application on 02.11.2011. Thereafter by filing applications dated 27.02.2012 the defendants sought permission to file counter claim in the suit as well as in the temporary injunction application. The said applications were opposed by the petitioner on the ground the same were not maintainable. However, the learned trial court allowed the said applications for taking the counter claim on record and feeling aggrieved by the order passed in the suit as well as in the temporary injunction application, the two separate writ petitions have been filed by the petitioner.

(3.) I have heard learned counsel for the parties and perused the material placed on record.