NATHA SINGH Vs. BALVINDRA KAUR

JUDGEMENT

(1.) HEARD learned Counsels for the parties finally as both the learned Counsels argued the writ petition on merits.

(2.) THE trial Court granted injunction order in favour of the plaintiff/petitioner vide order dt. 22.10.2007 against which the appeal was preferred by the respondents. The appellate Court upheld the order of injunction so far as preventing the respondents from selling the property in dispute but removed the condition against the mortgage of property in dispute by the respondents. Hence, this writ petition has been preferred.

(3.) THERE was no reason for the appellate Court to remove the condition against the mortgage of the property imposed against the respondents and thereby, the first appellate Court exceeded its jurisdiction by interfering in the order passed by the trial Court.