S.B. CIVIL WRIT PETITION NO.11555/2009 Nahar Singh & Anr. Vs. Pratap Singh. Date of order : 14th December, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sandeep Saruparia for the petitioner. ------- 1. This writ petition is directed against the order dated 4.12.2009 whereby the first appellate court upheld the temporary injunction granted by the learned trial court on 9.7.2008. 2. Learned counsel for the defendant-petitioner submits that the mandatory injunction could not be granted at the stage of temporary injunction application and the defendant-petitioner could not be directed to remove the patties and other construction raised by now at the disputed site. 3. Having heard learned counsel and after perusal of the impugned orders and reasons given therein, this Court is of the opinion that both the courts below were within their jurisdiction to grant temporary injunction to the plaintiff-respondents in the nature it has been done. Therefore, no interference is called for in the writ petition. 4. The writ petition being devoid of merit is hereby dismissed. Copy of this judgment be sent to opposite parties. [ DR. VINEET KOTHARI ], J. item No.s.7 babulal/