Heard learned counsel for the petitioner.
Petitioner has filed suit No.534 of 2006 for grant of permanent injunction to restrain the defendant/ respondents from interfering in the peaceful possession of the plaintiff/petitioners over the land in dispute, on the allegation that the same was purchased by them on 08.09.1994 from its erstwhile owner. An application for temporary injunction was also filed. Trial Court vide order dated 24.07.2006 allowed the injunction application directing the parties to maintain status quo. The defendant/ petitioners went up appeal. The lower appellate Court finding the order of status quo was passed by the Trial Court without recording any finding with respect to the possession of either of the parties over the said property allowed the appeal and remanded the matter back to the Trail Court to decide the temporary injunction application afresh.
A perusal of the order dated 24.07.2006 passed by the Trial Court filed as Annexure No.5 to the writ petition goes to show that the order of status quo was passed without recording any finding with respect to possession. Further the trial Court did not record any finding on the three ingredients namely, prima facie case, balance of convenience and irreparable loss, which are necessary for consideration of temporary injunction.
In view of the above, the order passed by the Trial Court was rightly set aside by the lower Appellate court and the matter has rightly been remanded back to be decided afresh.
In view of the aforesaid facts and circumstances the impugned order does not call any interference. The writ petition accordingly fails and stands dismissed.
Order Date :- 17.6.2010 Pr/-