Sanjay Misra, J. - (1.) HEARD Sri Sundeep Agarwal, learned Counsel for the Plaintiff -Appellant.
(2.) THIS is a first appeal from order filed under Order 43 Rule 1 (r) of the Code of Civil Procedure against the order dated 28.1.2011 passed in Original Suit No. 69 of 2010 by the Additional District Judge, Court No. 2, Mahoba, whereby the temporary injunction application filed by the Plaintiff -Appellant has been rejected. Learned Counsel for the Appellant has submitted that the house in question was purchased from the own income of the Plaintiff -Appellant and when the Defendant refused to handover the possession of the house in question and started demolishing and raising construction the necessity for filing the instant suit arose.
(3.) ACCORDING to the Appellant, the trial court had granted an exparte temporary injunction in favour of the Plaintiff -Appellant. However after objections were exchanged between the parties, the impugned order has been passed whereby the temporary injunction application has been illegally rejected by the trial court.;