IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 905 of 2009 (Stay Application No.4986/2009) Ramesh Chandra S/o Sri Gusai Ram, R/o Village-Baburkhola, P.O. Dwarsaun, Patwari Circle-Dida, Tehsil Ranikhet, District Almora. ……. Petitioner Versus Govind Singh S/o Sri Diwan Singh, R/o Village-Baburkhola, P.O.-Dwarsaun, Patwari Circle-Dida, Tehsil-Ranikhet, District-Almora. …….. Respondent …………………………. Sri Sarvesh Agarwal, learned counsel for the petitioner. Date: June 22, 2009. Hon’ble B.S.Verma,J. By means of this petition, the petitioner has sought writ in the nature of certiorari quashing the impugned order dated 30.05.2009 passed by District Judge, Almora in Misc. Civil Appeal No.08 of 2008, whereby the said appeal was allowed directing the Civil Judge (Junior Division) Ranikhet to decide the temporary injunction application moved in Civil Suit No. 5 of 2008 after hearing the parties in the like manner, so that the merit of the case is not effected. 2. A suit was instituted by the petitioner against the respondent/defendant, bearing Civil Suit No.5 of 2008 before the Civil Judge (Jr. Division), Ranikhet for permanent injunction. The defendant filed objection (Paper No.12Ga) and the Civil Judge (Jr. Division) granted temporary injunction by deciding the application for the same in 2 favour of petitioner. I have also perused the order dated 15.10.2008 passed by the Civil Judge (Jr. Division) deciding the temporary injunction application. The Civil Judge (Jr. Division) committed a manifest error of law by granting final relief at the time of deciding the said application. It is well settled that no final relief, by way of temporary injunction, can be granted which was sought in the original suit. On perusal of the operative portion of the order of Civil Judge (Jr. Division) which was impugned before the learned District Judge, it reveals that the relief as has been granted by way of temporary injunction is same and final relief as has been sought in the plaint of the suit. 3. The learned District Judge has rightly set aside the order passed by Civil Judge (Jr. Division) dated 15.10.2008 and directed him to decide the temporary injunction application in like manner by which the merit of the suit be not affected. I find no illegality or perversity in the order passed by learned District Judge. 4. The writ petition is dismissed in limine. 5. Stay Application No.4986/2009 stands dismissed accordingly. (B.S.Verma, J.) 22.06.2009 P.Singh