Temporary injection

jyotirmaya behera (Querist) 02 September 2013 This query is : Resolved
plaintiff file a title suit with permanent injection before civil judge ( junior division)defendant want to construct house over the disputed land / plot. plaintiff file a temporary injection under order 39 rule 1 and 2 of the CPC. the court reject the said injection and issue the notice under order 39 rule 3 of the CPC. can plaintiff file writ in the high court for the injection?
if no then why he can't file?

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P. Venu

(Expert) 03 September 2013
The Court would grant ex-parte temporary injunction only in exceptional circumstances. Please wait.

prabhakar singh (Expert) 03 September 2013
The court has thought it proper to issue notice for hearing defendant version also.

No writ lies for enforcement of rights of one individual against another individual.
That is w3hy you filed suit otherwise you could have filed writ directly.

Rajendra K Goyal (Expert) 03 September 2013
Agree with the experts, nothing more to add.

jyotirmaya behera (Querist) 03 September 2013
in high court of orissa have no original jurisdiction. can i file writ direct ...?

Dr J C Vashista (Expert) 03 September 2013
No writ is maintainable for ad-interim injunction, it is in the domain of CPC to be exercised by CJ and not High Court, especially when there is no Original jurisdiction