LAKHMI Vs. GIR RAJ SINGH

JUDGEMENT

(1.) IN a suit pending between the parties in the court of Civil Judge (Senior Division), Faridabad, the petitioner (plaintiff) also prayed for the relief of temporary injunction, restraining the respondent from interfering with his possession over the suit property and also from alienating, mortgaging, or selling it, during the pendency of the suit. The trial court declined the relief of temporary injunction to the petitioner, observing, inter-alia, that, Since the matter is sub judice before the Hon'ble High Court and status-quo is already granted regarding the possession between both the parties, hence, the present application has no value and the same is hereby dismissed. The appellate court, too, did not grant any relief to the petitioner. Relevant part of the order of appellate court, dealing with his alleged possession over the land, reads as under:-

(2.) THE petitioner is, now, in revision against the said orders, passed by the trial court and the appellate court, wherein his prayer is, for grant of temporary injunction restraining the respondent from dispossessing him from the land and also from interfering with his peaceful cultivating possession thereon. During arguments, it has not been disputed by the learned counsel that in RSA No.72 of 1999, filed by the petitioner-herein against the respondent-herein against judgment and decree dated 7.11.1998, the interim order passed by this court, on 4.8.1999, in respect of the same disputed land is, that parties shall maintain status-quo regarding possession . He, infact, stated that this fact has been mentioned by him, in the petition itself. That being so, the approach of the trial court and the appellate court in refusing to pass any temporary restraint order against the respondent, in view of the order of status quo already passed by this court in respect of the same land, in RSA No.72 of 1999, is fully justified. In view of the above, no interference with the impugned orders is called for. THE petition shall stand dismissed, in limine.