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Judgment
Manoj Kumar Tiwari, J
Petitioner is defendant in a suit for permanent injunction filed by respondent nos. 2 and 3 in the Court of Civil Judge (Senior Division), Roorkee, which is registered as Original Suit No. 244 of 2018.
Petitioner is aggrieved by an order passed by trial Court, under Order 39 Rule 1 and 2 C.P.C. dated 07.08.2018, whereby defendant has been directed to maintain status-quo qua the suit property and he has further been restrained from creating third party interest over the suit property.
Learned counsel for the petitioner submits that there is a charge of the petitioner over the suit property, inasmuch as, respondent nos. 4 and 5, who had transferred the suit property to respondent nos.2 and 3, had obtained a loan from the petitioner, thus there was a charge over the suit property and it could not have been transferred by respondent nos. 2 and 3 in favour of respondent nos. 4 and 5.
Be that as it may, against grant of temporary injunction order, petitioner has a remedy under Order 39 Rule 4 C.P.C. Therefore, this Court is not inclined to interfere with an interlocutory order passed by learned trial Court in temporary injunction application.
Accordingly, the writ petition is dismissed with liberty to the petitioner to approach the trial Court under Order 39 Rule 4 C.P.C.