Vasudev Verma vs Nusrat Ali And Another
2014 Latest Caselaw 9762 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 31
 

 
Case :- WRIT - C No. - 64542 of 2014
 

 
Petitioner :- Vasudev Verma
 
Respondent :- Nusrat Ali And Another
 
Counsel for Petitioner :- Manoj Kumar Gupta
 

 
Hon'ble Abhinava Upadhya,J.

The petitioner had filed a suit for permanent injunction being Suit No. 130 of 2011. Along with the said suit the petitioner had also filed an application for interim injunction. On the said application the court below by order dated 10.7.2013  directed  the parties to maintain status quo.  Against the said order  the petitioner preferred an  appeal being Appeal No. 17 of 2013  under Order XLIII Rule 1 (r) CPC with the prayer that the defendants be restrained from interfering  with the possession of the petitioner. The said appeal is said to have been allowed  and the interim injunction granted  by the court below had been rejected.

According to the learned counsel for the petitioner, the appellate court ought not to have rejected the interim injunction by the trial court as the same was not moved by the defendant but  the petitioner himself.

The matter requires consideration.

Issue notice to the respondents returnable at an early date.

The respondents may file counter affidavit within three weeks.

Learned counsel for the petitioner will take steps for service of notice upon the respondents within a week.

List after service of notice.

Till the next date of listing, the parties  are directed to maintain status quo with regard to the suit property. It is made clear that the proceedings of the suit has not been stayed and the same may go on in accordance with law.

Order Date :- 9.12.2014

SKM