MANOJ NAGPAL Vs. ARCHANA KATHURIA
LAWS(RAJ)-2013-7-126
HIGH COURT OF RAJASTHAN
Decided on July 05,2013

Manoj Nagpal Appellant
VERSUS
Archana Kathuria Respondents

JUDGEMENT

Vijay Bishnoi, J. - (1.) THIS writ petition has been preferred by the petitioners against the order dt. 08.05.2013 passed by learned Additional District Judge No. 1, Sri Ganganagar (for short 'the appellate Court' hereinafter) in Appeal No. 1/2013 preferred by the petitioners against the order dt. 08.01.2013 passed by the Civil Judge (Junior Division) No. 1, Sri Ganganagar (for short 'the trial Court' hereinafter) on an application under Order 39 Rule 1 and 2 read with Section 151 C.P.C. preferred on behalf of the respondent Nos. 1 to 4 along with a suit for permanent injunction. Respondent Nos. 1 to 4 have preferred a suit for permanent injunction while praying that the petitioner -defendants may be restrained from raising any construction on the plot No. 15 situated at Chak C -E, Chhoti, Sri Gangangar. Along with the suit, the respondent -plaintiffs have preferred an application for temporary injunction under Order 39 Rule 1 and 2 C.P.C. with a prayer that the petitioner -defendants may be restrained from interfering with the peaceful possession of the respondent -plaintiffs and also with a prayer for restraining the petitioner -defendants from interfering the respondent -plaintiffs from raising construction on the plot in question.
(2.) THE learned trial Court has allowed the said application and restrained the petitioner -defendants from interfering with the peaceful possession of the respondent -plaintiffs as well as in the construction work carried out by them on the plot in question. In the appeal preferred by the petitioner -defendants before the appellate Court, the appellate Court vide order dt. 08.05.2013, has confirmed the order dt. 08.01.2013 passed by the trial Court, whereby the learned trial Court granted the temporary injunction.
(3.) BEING aggrieved with the orders impugned, the petitioner -defendants have filed this writ petition.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.