ANANDLOK SAHKARI AVAS SAMITI LTD Vs. SUBEDAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned Counsel for the parties. In the instant case, in a suit filed by the Appellant the Trial Court on 21.1.2000 granted an injunction restraining the Respondents herein from interfering with the possession of the Appellants. It appears that pursuant thereto the Respondent took recourse of two proceedings. It moved an application before the Trial Court for eviction of the ex-parte injunction and also filed an appeal before the District Judge, Lucknow. By the order dated 30th May, 2000, the District Judge dismissed the appeal. It took note of the fact that the contentions raised by the Respondent were pending before the Trial Court and instead of pursuing the matter, Respondents had rushed up to the Court to file the appeal. In view of the fact that the matter was still pending before the Trial Court the Court chose not to interfere with the order of the Trial Court granting injunction.

(3.) The High Court admitted the writ petition of the Respondents against the said order of the lower Appellate Court and directed the Appellant to desist from making any interference with the possession and use of the enjoyment of the property in question by the Respondents herein.