Narottam Singh and 2 Others v. State of U.P. Thru. Prin. Secy. Revenue, Lko. and 2 Others
Case brief
What is this about?
Narottam Singh & 2 Others v. State of U.P., MATTERS UNDER ARTICLE 227 No. 482 of 2025, High Court of Judicature at Allahabad (Lucknow Bench), decided 6.2.2025 by Pankaj Bhatia, J. Interim injunction in a mandatory-injunction suit: trial court rejected the injunction application on 18.12.2024 as the plaintiffs had admitted non-possession; an appeal under Order 43 Rule 1 C.P.C. followed, in which a further injunction application was rejected on 15.01.2025 (impugned order). Held: the plaint and injunction application contained no prayer restraining the defendants from raising construction, so no relief was available under Order 39 Rule 1 and 2 or Order 43 Rule 1 C.P.C.; no infirmity in the impugned order; writ petition dismissed.
What did the court decide?
The copy of the plaint and the injunction application on record does not indicate any prayer made before the trial court restricting the defendant from raising any construction.