BHERU LAL Vs. KAILASH

JUDGEMENT

(1.) This writ petition under Art. 227 of the Constitution of India has been filed by the petitioner aggrieved against order dated 28.11.2014 passed by Civil Judge (North), City Udaipur and order dated 22.05.2015 passed by Additional District Judge No. 3, Udaipur, whereby, the application filed by the petitioner under Order 39, Rule 1 and 2 Code of Civil Procedure has been dismissed and appeal arising therefrom has been rejected by the two courts below, respectively.

(2.) The petitioner filed a suit along with an application seeking temporary injunction under Order 39, Rule 1 and 2 CPC; it was, inter alia, claimed that a plot ad measuring 302 sq. ft. was purchased by petitioner from its owner Bhanwar Lal Nagda by registered sale deed dated 25.03.2011; earlier the petitioner had filed suit seeking specific performance of the contract against said Bhanwar Lal Nagda and on account of execution of sale deed, the suit was withdrawn; based on the sale deed, it was claimed that the petitioner was in possession of the plot in question; it was alleged that the defendant-respondent sought to take possession of the plot in question on 12.08.2011 and, therefore, the application was filed and it was claimed that the respondent be restrained from interfering in petitioner's possession.

(3.) The respondent filed a reply and a counter temporary injunction application denying the averments made by the petitioner and claiming injunction against the petitioner from interfering in his possession.