1 S.B. Civil Misc. Appeal No.437/2008 Lal Singh. vs. Heera Lal. S.B. Civil Misc. Appeal No.437/2008 Lal Singh. vs. Heera Lal. Date : 9.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.S Saruparia, for the appellant. Mr.BN Kalla, for the respondent. - - - - - Heard learned counsel for the parties. In the suit filed by the respondent, the trial court granted ad-interim injunction vide order dated 7.1.2008 in the terms that both the parties shall maintain status quo with respect to the suit property. Learned counsel for the appellant submitted that the trial court without determining the question of actual physical possession in favour of the plaintiff/ respondent granted ad-interim injunction. It is also submitted that the trial court in a very cursory manner decided the issues of prima-facie case, balance of convenience and irreparable injury. The trial court also observed that both the parties have suppressed the 2 S.B. Civil Misc. Appeal No.437/2008 Lal Singh. vs. Heera Lal. true facts from the Court. In view of the above, the trial court should not have granted the injunction. According to learned counsel for the appellant, the property in question is an open piece of land and as per the facts mentioned in the impugned order, both the parties are claiming title over the property – one defendant no.1 by virtue of patta dated 29.5.1962 whereas the respondent is claiming title by virtue of patta of the year 1980. Looking to the totality of the facts of the case, this Court is not inclined to exercise its appellate jurisdiction to upset the order of the trial court by which the trial court protected the interest of both the parties by directing them to maintain status quo. In view of the above, this appeal, having no merits, is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya