AJIT KUMAR
Phool Kumar – Appellant
Versus
Shyam Singh – Respondent
JUDGMENT :
1. Heard Sri Nipun Singh, learned counsel for the petitioner and Shri Syed Ali Imam, learned counsel appearing for the respondents.
2. Petitioner before this Court is the plaintiff in the suit instituted for permanent prohibitory injunction being O.S. No. 106 of 2020. In the suit, he moved a temporary injunction application being paper no. 6C along with an affidavit. After the written statement was filed and so also the objection to the pending 6C application by the defendant-respondents, the said application was finally granted by the trial court in favour of the petitioner with a direction to the parties to maintain status quo in respect of the suit property vide order dated 16.3.2021.
3. However, upon a miscellaneous appeal being filed under Order XLIII Rule 1(r) by the defendant-respondents, the said appeal came to be allowed by the District Judge, Gautam Buddha Nagar vide order dated 24.11.2022 setting aside the order of the status quo passed by the trial court.
4. The petitioner pleads that even in case no partition of the suit property has taken place in metes and bounds amongst co-sharers, the Court in order to protect the suit property and from being damaged by rais
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