Rakesh Kumar Garg J. (Oral):- CM No.6850-CII of 2010

CM is allowed subject to all just exceptions.

CM disposed of.

Civil Revision No.1782 of 2010

This is plaintiffs revision petition challenging the impugned orders whereby his application for grant of interim injunction restraining the respondent from dispossessing him from the suit property has been rejected.

2. As per the averments made in this petition, the petitioner mortgaged the property in dispute with the respondent on account of housing loan availed by him. According to the petitioner, he is lawful owner in possession of the property in dispute which is being used by him as dwelling house. It is further averred that he was making payment of monthly installments regularly, yet the defendant started harassing him and claimed exaggerated and excessive amount from the plaintiff without assigning any reason to do so. It was further stated that defendant adopted wrongful method and was sending anti-social and gunda elements to his house who were threatening to dispossess him forcibly and illegally. Hence, the necessity arose to file the present suit for rendition of accounts and permanent injunction.

3. On the other hand