Decided on January 04,2013

Shivanand Pandey Appellant
Rajendra Kumar Pandey Respondents


HONBLE B.S.VERMA, J. - (1.) BY means of this writ peition, the petitioner has sought a writ in the nature of certiorari quashing the order impugned dated 20 -12 -20 12 passed by the District Judge, Udham Singh Nagar, in Civil Revision No. 68 of 2012, whereby the revision was disposed of at the admission stage without hearing the defendant -petitioner in the revision.
(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the respondent -plaintiff filed a suit for permanent injunction against the petitioner -defendant. During the pendency of the suit, a temporary injunction application had also been filed, which was pending for disposal and against which the petitioner filed objection under Order 39, Rule 4 C.P.C. Thereafter an application was moved before the trial Court by the plaintiff -respondent to hear the temporary injunction urgently and pass proper order.
(3.) ON the application of the plaintiff, the trial Court passed an order on 19 -12 -2012 to put up the application for disposal on the date fixed. Aggrieved by the said order, the plaintiff preferred a revision before the District Judge, Udham Singh Nagar. The revisional Court without issuing notice to the defendant -petitioner disposed of the revision on the first date and also passed an interim order that till the disposal of temporary injunction application (paper no. 6 -C2), the defendant is restrained from selling out or to change the nature of the property in suit vide order20 -12 -2012, which gave rise to the present writ petition.;

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