S.B. CIVIL WRIT PETITION NO.3611/2008 Bundu Khan Vs. Mohammed Hafiz & Anr. Date of order : 22nd July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. N.A. Rajpurohit for the petitioner. --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 8.5.2008 passed by learned trial court and 20.8.2008 of the learned appellate Court. 3. Learned counsel for the petitioner-defendant submits that the learned trial court passed the interim order on 8.5.2008 without giving adequate opportunity to the defendant to argue his case. 4. A bare perusal of the impugned order sheet dated 8.5.2008 indicates that counsel Mr. Kana Ram Salvi appeared on behalf of the defendant and asked for time. The learned trial court refused to grant time for arguing the application for temporary injunction filed by the plaintiff as the said case was pending for grant of temporary injunction for a long period and the learned trial court granted the ad interim order restraining the defendant not to interfere in the disputed Nali till next date and the case was fixed on 30th May, 2008. It appears that the defendant instead of arguing the case before the learned trial court for temporary injunction approached the appellate court where the appeal was rejected as not maintainable by the order dated 20th May, 2008 but has also approached this Court by the present writ petition under Article 227 of the Constitution of India. 5. Such approach of the defendant cannot be appreciated by this Court and it was expected of the defendant/ his counsel to make his submission before the learned trial court on the next date fixed by the trial court. 6. The writ petition is found to be devoid of merit. The same is accordingly dismissed. [ DR. VINEET KOTHARI ], J. item No.4 babulal/-