1. This petition filed under Article 227 of the Constitution takes exception to the order passed by the trial Court dated 20.12.2013 whereby the application of the present petitioner-defendant preferred under Order 39 rules 1 and 2 was rejected by the trial Court. The order passed in Miscellaneous Appeals No. 4/14 and 9/14 is also called in question whereby the lower appellate Court in exercise of power under Order 43 rule 1 CPC passed injunction in favour of the respondent-plaintiff.

2. The necessary facts for adjudication of this order are that the respondent-plaintiff filed a suit for declaration and permanent injunction (Annexure P-3). Along with the said suit, he filed an application under Order 39 rules 1 and 2 CPC (Annexure P-4). The present petitioner therein filed his counter-claim and application under Order 39 rules 1 and 2 (Annexure P-5). In the said counter-claim, he also prayed for grant of injunction. The trial Court heard the parties and passed the order dated 20.12.2013 (Annexure P-2).

3. Shri H.K.Shukla, learned counsel for the petitioner, submits that the property in question is situated at survey No. 1976, Gram Gospura. The said property is recorded in the