Pankaj Mithal, J. - (1.) THE plaintiff respondent No. 3 Ram Saran Rai instituted Original Suit No. 79 of 2010 (Ram Saran v. Naresh) to declare the judgment, order and decree dated 7.9.1996 passed in Original Suit No. 361 of 1993 between the parties as illegal, null and void and for permanent injunction restraining the defendant petitioner from evicting him from the suit land in pursuance of the said decree.
(2.) IN the suit his application for interim injunction under Order 39 Rule 1 and 2 CPC was rejected by the first court vide judgment and order dated 6.5.2010. The said judgment and order was taken in appeal by the plaintiff respondent No. 3 and the said Misc. Appeal has been allowed by the impugned judgment and order dated 5.6.2010. The order of the first court dated 6.5.2010 has been set aside, the application of the plaintiff respondent No. 3 for temporary injunction has been allowed and the delivery of possession of the disputed property has been kept in abeyance. The defendant appellant as such has preferred this writ petition challenging the judgment and order of the lower appellate court dated 5.6.2010 passed in Misc. Civil Appeal No. 48 of 2010.
(3.) AFTER exchange of affidavits petition has been placed before me by nomination and the parties agree for the final disposal of the petition at the admission stage itself.;