By means of this writ petition the petitioner has challenged the orders of the trial court as well as appellate court by which his interim injunction application has been rejected. The petitioner had filed a suit for permanent injunction being Suit No. 1070 of 2012 along with an application for interim injunction. At the time of consideration of interim injunction application an Amin report was called and the Amin has reported that on the property in question, the petitioner was found to be in possession. Ignoring the aforesaid report the injunction application was refused only on account of the fact that in the revenue record the names of the defendants were mutated.
According to the learned counsel for the petitioner, merely name being mutated in the revenue record would not establish right and title over the property in question. It was found that the petitioner was in possession and this aspect has been ignored by both the courts below.
The matter requires consideration.
Issue notice to the respondents returnable at an early date for which learned counsel for the petitioner will take steps within a week.
List this case after service of notice.
Till the next date of listing, the parties are directed to maintain status quo with regard to the suit property.
Order Date :- 27.8.2014 SKM