MUKESH KUMAR Vs. ADDL. DISTRICT JUDGE NO. 1

JUDGEMENT

(1.) THE petitioners are aggrieved by the order dt. 10.5.2013 passed by the Addl. District & Sessions Judge No. 1, Bharatpur, whereby an application filed by respondent No. 2 under Order 41, Rule 5 CPC has been allowed, and the parties have been directed to maintain status quo qua the property in dispute. The brief facts of the case are that respondent No. 2 filed a suit for declaration and permanent injunction against the petitioners which was dismissed on 2.4.2013 by the learned trial Court. The respondent No. 2 preferred civil regular appeal along with an application under Order 39, Rules 1 and 2 CPC read with Order 41, Rule 5 CPC for temporary injunction. By order dt. 10.5.2014 the said application was allowed by the first appellate Court, and status quo order with respect to the property in dispute was passed. Hence, this petition before this Court.

(2.) MR . S.L. Sharma, the learned counsel for the petitioners, has vehemently contended that since respondent No. 2 had lost the suit, she did not have a strong prima facie case in her favour. Therefore, the learned Judge erred in granting the temporary injunction in her favour. Secondly, the learned Judge has not considered the contentions raised by the petitioners. Therefore, the impugned order deserves to be set aside.

(3.) HEARD the learned counsel for the parties, and perused the impugned order.