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Judgment
B.S. Verma, J.—By means of this writ petition, the Petitioner has prayed for quashing of the order impugned dated 14.2.2011 passed by District Judge, Dehradun, whereby the said court rejected the application of temporary injunction.
The temporary injunction application has been rejected on the ground that the property in dispute is custodia legis and the property is not in the possession of either of the Plaintiff or Defendant. Therefore, no question of interference arises in the possession of property by any of the parties. This fact is not disputed that the property is in the possession of the receiver who had been appointed by the Executive Magistrate u/s 146(1) of Code of Criminal Procedure
Learned Counsel appearing for the Respondent has contended that if the order of status quo, as prayed by learned Counsel for the Petitioner, is granted to the Petitioner during the pendency of the suit, it will create dispute between the parties since the property is in the possession of receiver.
Learned Counsel for the Respondent has agreed to dispose of writ petition today itself without inviting counter version and prayed that direction may be given to the appellate court to decide the appeal expeditiously.
Considering the facts and circumstances and on perusal of the order impugned, I am of the view that the appellate court has rightly observed that no question of interference arises in the possession of property in dispute since the property is in the custody of receiver but in the interest of justice to protect the interest of parties, as an interim measure, it is directed that till the disposal of appeal the receiver shall not hand over the possession of property in dispute to any of the parties to the suit and the appellate court shall decide the appeal, expeditiously, as far as possible.
With the aforesaid directions, the writ petition is disposed of finally.