CHAMPALAL Vs. MAHENDRA SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is aggrieved against the order of injunction granted by the trial court dated 20.8.2008 and which was upheld by the first appellate court vide order dated 6th Sept., 2008.

(3.) According to learned counsel for the petitioner-defendant that the defendant also submitted application for grant of injunction and that has not been considered by the courts below nor that has been rejected and thereby both the courts below committed serious error of law as well as error of jurisdiction. It is also submitted that the courts below have not considered the case of the petitioner-defendant. It is also submitted that plaintiff in his injunction application prayed only for relief of maintaining status quo, yet the trial court granted the injunction that the petitioner-defendant shall not interfere in peaceful possession and the business of the plaintiff-respondent.