- (1.) This, is an appeal by the Plaintiff against the order dated 22-5-92 passed by the Civil Judge. Dehradun, where by she has dismissed the application 6-C filed, by the Plaintiffs, for interim injunction. The ad-interim injunction order dated 22-5-92 passed by her was also vacated by this order.
(2.) The Plaintiffs Sri Pramod Kapoor filed O.S. No. 729 in the court of Civil Judge, Dehradun with a prayer for permanent injunction to retrain the Defendants from interfering in his peaceful possession and occupation of the first floor and ground floor of the property known as St. Asaph Estate, survey No. 3 situate in Landour Cantt. masonries, district Dehradun, as specified at the foot of the plaint.
(3.) St. Asaph Estate, survey No. 3 aforesaid is a house situate in Missourian, district Dehradun, which was admittedly owned by the Defendants. The house has two storeys--ground floor and first floor and is divided in 4 parts Western portion-both first and ground floor is not in dispute. Admittedly it is owned by the Defendant No. 1 (first floor) and Defendant No. 3 (ground floor) is not in dispute. The eastern portion-both ground and first floor is alone in dispute. Ground floor is owned by the Defendant No. 2 and The first floor is owned by the Defendant No. 3.;