This petition under Article 227 sought to set aside orders rejecting an interim injunction in a suit for partition. The court found no ground to interfere under Article 227 as the lower courts correctly noted the petitioner failed to establish a prima facie case for partition.
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Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 526 of 2019
Petitioner :- Basantu Respondent :- Srinath And 3 Others Counsel for Petitioner :- Vijay Bahadur Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for setting aside the order dated 29.3.2018 passed by Additional Civil Judge (Junior Division) 1st, Bhadohi by which 6C application has been decided in Case No. 500 of 2015 (Basantu vs. Srinath) as well as order dated 26.9.2018 passed by District Judge, Bhadohi in Civil Appeal No. 14 of 2018.
Stamp Reporter has report laches of 126 days.
By the impugned order dated 23.3.2018 the trial court has rejected the application for interim injunction filed by the plaintiff-petitioner herein on the ground that the petitioner has failed to make out prima facie case as he could not prove partition and in the sale deeds dated 31.3.1977 and 30.6.1982 names of two persons have been mentioned. Misc. appeal filed against the same was also dismissed. The suit was filed by the plaintiff-petitioner against his brothers. Both the courts below have recorded that the petitioner has failed to make out any prima facie case regarding claim in the property as well as the Amin report also reflects that there is nothing to indicate partition.
In such view of the matter, I do not find any good ground to interfere in the orders impugned herein under Article 227 of the Constitution of India.
Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 24.4.2019 Lalit Shukla
2 issues framed by the court
Whether the High Court should exercise supervisory jurisdiction under Article 227 to set aside the trial court's rejection of an interim injunction application in a property suit.
Whether the petitioner has made out a prima facie case for partition given the absence of partition in sale deeds and the Amin report.
Basantu
Srinath
Vivek Kumar Birla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
