M.N. Bhandari, J. - (1.) BY this writ petition, a challenge has been made to the order dated 01.04.2008. By the aforesaid order, appeal preferred by the Respondents was allowed.
(2.) THE Plaintiff -Respondents filed a suit along with an application for temporary injunction. The Court below dismissed the application. Aggrieved by the order, he preferred an appeal. The appeal was allowed with the direction to the parties to maintain status quo. According to learned Counsel for Petitioner, the property in dispute was subject matter of the earlier litigation in civil suit No. 61/88 so decided by the Civil Court vide its order dated 22.07.1996. The appeal so preferred against the said order by the Respondents was dismissed. For the same property, new suit has been filed by the Plaintiff -Respondents, ignoring the aforesaid, injunction order has been passed.
(3.) LEARNED Counsel for the Respondents, on the other hand, submits that property in dispute is different than involved in the earlier suit. In fact, there exists two 'Will'. Looking to the aforesaid, injunction order has been passed in favour of the Respondents -Plaintiff.;