Suo motu petition under Article 227 challenging orders rejecting temporary injunction. Court found lack of prima facie case, balance of convenience, or irreparable loss, and dismissed the petition as lacking merit without deciding maintainability of the underlying suit.
Petition dismissed as lacking merit; no interference with impugned orders.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 4524 of 2019
Petitioner :- Ashok Kumar Respondent :- Santosh Kumar Counsel for Petitioner :- Raj Kumar Singh
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 6.10.2018 passed by the trial Court rejecting the application for temporary injunction in Original Suit No. 108/2018 and the order dated 16.4.2019 passed by District Judge, Chitrakoot dismissing Misc. Appeal No. 2/22019.
The Courts below have found no prima facie case nor balance of convenience or irreparable loss or injury in favour of the plaintiff petitioner.
It is noteworthy that the petitioner is seeking cancellation of sale deed dated 2.11.1998 executed by his father in favour of defendant respondent. According to him, the defendant respondent, who is real brother, by exercising undue influence, procured the sale deed.
On a query made by the Court as to whether the father of the petitioner is alive or not, counsel for the petitioner is not in a position to clarify the said aspect. He states that from perusal of the plaint assertions, it appears that father of the petitioner is alive. In such view of the matter, it is doubtful if the suit at the instance of the plaintiff is maintainable. However, without expressing any final opinion on the issue, as the trial Court has yet not considered the question, I do not find any ground to interfere with the impugned orders in exercise of power under Article 227 of the Constitution.
The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J.)
Order Date :- 11.7.2019 AM/-
2 issues framed by the court
Whether the High Court should interfere with the lower court's rejection of temporary injunction under Article 227.
Whether the dispute over undue influence in the sale deed warrants intervention at this stage.
Ashok Kumar
Santosh Kumar
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
