WPMS/3362/2022
2023 Latest Caselaw 604 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

        THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

               WRIT PETITION (M/S) NO. 3362 OF 2022

                             13TH MARCH, 2023

Between:

Yashpal Singh                                ......           Petitioner

and

Judhveer Singh @ Yudhveer Singh              ......          Respondent



Counsel for the petitioner       :     Mr. Lokendra     Dobhal,       learned
                                       counsel

Counsel for the respondent       :     Mr. P.C. Petshali and      Mr. Girveer
                                       Chand, learned counsels


The Court made the following:

JUDGMENT:

The present petition, under Article 227 of the

Constitution of India, has been preferred by the

petitioner to assail the order dated 05.12.2022, passed

by the learned District Judge, Uttarkashi, in Misc. Appeal

No. 10 of 2022, titled 'Judhveer Singh @ Yudhveer Singh

Vs Yashpal Singh'.

2) The respondent has preferred a civil suit,

being Civil Suit No. 51 of 2022, to seek injunction

against the petitioner / defendant. The respondent had

claimed title to the land falling in Khata No. 00002, Khet

No. 4461, admeasuring 0.0150 Hectare, measuring 27

Square Meter. The trial court initially granted an interim

injunction in favour of the respondent / plaintiff.

However, after the petitioner / defendant filed his

objections, the said interim injunction was vacated. The

respondent then preferred an appeal, being Misc. Appeal

No. 10 of 2022, in the court of the District Judge,

Uttarkashi. By the impugned order dated 05.12.2022,

the said appeal has been allowed by the Appellate Court.

3) The submission of learned counsel for the

petitioner is that the trial court had found that the

respondent had not made out the prima facie case of

title to the suit property. The appellate court, however,

found otherwise.

4) It appears that though the present petition has

been filed under Article 227 of the Constitution of India,

the same is actually an appeal against the impugned

order. The learned Additional District Judge, while

passing the impugned order acted within his jurisdiction.

Neither he has failed to exercise his jurisdiction, nor

acted in excess of jurisdiction. In proceedings under

Article 227 of the Constitution of India, it is not for this

Court to correct the errors of fact or law. There is no

failure of justice, and it cannot be said that the

proceedings are vitiated for non-compliance of principles

of natural justice.

5) I, therefore, do not find any reason to

interfere with the impugned order. The petition is,

accordingly, dismissed.

________________ VIPIN SANGHI, C.J.

Dt: 13th MARCH, 2023 Negi