CLMA 7900/2008 With WPMS 2055/2008 Hon’ble B.C. Kandpal, J. Heard Mr. K.S. Bora, learned counsel for the petitioner and perused the record. By way of this petition, the petitioner has prayed for setting aside the order dated 23.10.2008 passed by the Civil Judge (Junior Division), Haridwar, in O.S. No. 286/2008, Sachin Kumar Vs. Smt Poonam Kataria and also restore the statusquo ante as on 13.10.2008. From perusal of record, it reveals that the petitioner has moved application under the provision of Section 151 C.P.C. before the trial court in the original suit pending there, to restore the statusquo order which has was effective upto 31.10.2008. The objection of the respondent was that the premises in question was given to the petitioner upto 31.05.2008 and he has voluntarily vacated the same on 31.05.2008 and he has no concern with he same after 31.05.2008. Parties also filed some documents before the trial court and the trial court after perusing the material on record came to the conclusion that it could not be established that on the date of incident which of the party was in possession over the disputed premises, hence the trial court passed the order that the matter of possession of the parties over the suit premises will be decided on merit after adducing evidence by the parties and the application filed U/S 151 C.P.C. and the objection filed against it, shall be disposed of along with the final order to be passed in the original suit. I do not find any ground for interference in the impugned order passed by the trial Court. The petition lacks merit and is dismissed in limine. The stay application also stands rejected. Dated : 27.11.2008 (B.C. Kandpal, J.) ISB