A petition under Article 227 challenging orders that allowed a temporary injunction and dismissed an appeal in a property suit was dismissed. The court found no ground to interfere as the lower courts recorded findings favourable to the plaintiff-respondent.
Petition under Article 227 dismissed; impugned orders remain in force.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 4646 of 2019 Petitioner :- Kapil Kumar And 2 Others Respondent :- Smt. Indrawati Counsel for Petitioner :- Perdeep Kumar Vishnoi
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 12.02.2018 passed by the Civil Judge (Junior Division), Hasanpur, District Amroha in Original Suit No. 127 of 2015 allowing the application of the plaintiff-respondent for temporary injunction as well as the order dated 08.03.2019 passed by the District Judge, Amroha in Misc. Civil Appeal No. 09 of 2018 dismissing the appeal.
The plaintiff claimed title on the basis of registered saledeed dated 27.02.2007 from it erstwhile owner Mahendra Singh. The defendants also claimed title over the suit property through Mahendra Singh. They alleged that they had paid Rs.38,000/- to him. However, they could not produce any registered sale-deed in their favour. Consequently, the courts below have found prima facie case in favour of the plaintiff-respondent. They have also held that in case she is evicted from the suit property during the pendency of the suit, it shall cause irreparable loss and injury and thus balance of convenience lies in her favour.
Counsel for the petitioners submitted that in the plaint the plaintiff has not specified the dimensions of the suit property. However, he does not dispute that there was a sale-deed duly executed in respect of the suit property in favour of the plaintiff-respondent. Consequently, no ground is made out to interfere with the impugned orders passed by the courts below recording categorical findings in favour of the plaintiff-respondent.
The petition is accordingly dismissed .
Order Date :- 18.7.2019 VR
(Manoj Kumar Gupta, J.)
1 issue framed by the court
Whether the impugned order allowing temporary injunction and dismissng appeal should be set aside under Article 227.
Kapil Kumar and 2 Others
Smt. Indrawati
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
