TARUN AGARWALA, J. - (1.) WITH the consent of the parties, the present writ petition is being disposed of at the admission stage itself without calling for a counter affidavit.
(2.) THE petitioner is a defendant and has filed the present writ petition against the grant of an injunction in favour of the plaintiff/opposite party No. 1. It transpires that the petitioner executed a power of attorney in favour of the opposite party No. 2, who in turn executed a sale deed in favour of his wife, opposite party No. 1 with regard to the agricultural land of the petitioner. When the petitioner came to know about this sale, he filed a civil suit for the cancellation of the sale deed on the ground of fraud which is pending consideration. The defendant No. 1 upon coining to know of the filing of the suit, also filed a suit for perpetual injunction and, in this suit, filed an application for the grant of a temporary injunction. The Trial Court, by an order dated 28.7.2008 allowed the injunction application and restrained the petitioner from interfering in the possession of the land with the opposite party No. 1. The petitioner, being aggrieved by the said order, filed an appeal under Order XLIII, Rule 1 (r) of the C.P.C. which was dismissed by an order dated 30.9.2008. The petitioner, being aggrieved, has filed the present writ petition.
(3.) HEARD Sri Umesh Narain Sharma, the learned Senior Counsel assisted by Sri Chandan Sharma and Sri Ashok Mehta, the learned Counsel for the opposite party No. 1.;