SUKHBIR Vs. SURENDER

JUDGEMENT

(1.) Impugned herein is the order dtd. 7/10/2020(Annexure P-7) passed by the Appellate Court by virtue of which the appeal filed by the petitioner-plaintiff against the order dtd. 5/2/2020 passed by the trial Court declining the request of the plaintiff to grant ad-interim injunction, has been dismissed on the ground of delay.

(2.) The plaintiff filed a suit against the respondent claiming compensation of Rs.18,000,00.00 on account of damages being caused to his property by the later. An application under Order 39 Rules 1 and 2 CPC was filed seeking ad-interim injunction to restrain the respondent from discharging the dirty water through outlet and from causing further damage to his property.

(3.) After contest, the said application was dismissed by the trial Court vide order dtd. 5/2/2020. Aggrieved, the petitioner filed an appeal before the Appellate Court below. The appeal was accompanied by an application seeking condonation of delay of more than 5 months in filing the appeal. The Appellate Court dismissed the application as also the appeal vide order dtd. 7/10/2020, impugned herein.