The Patna High Court held that since the trial court's refusal of an injunction was appealable under Order 41 Rule 1 CPC, the subsequent writ petition under Article 226 was misconceived. The application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13233 of 2013
=========================================================== Ram Binay Kumar s/o Late Sant Prasad Singh, resident of Village Narma (Idris @ Usri) P.S. Kako in the district of Jehanabad.
.... .... Petitioner/s Versus
1.Ram Janam Sharma s/o Late Sant Prasad Singh.
2.Smt. Amlaprit Devi @ Phunena Devi Wife of Ram Janam Pd. Singh.
3.Ashok Kumar.
4.Kaushlendra Kumar
5.Dhirendra Kumar
6.Kumar Gaurav bats all the son of Ram Janam Pd. Singh resident of village Narma indris @ usri P.S. Kako in the district of Jehanabad.
7.Raju Kumar
8.Rajesh Kumar
9.Gopal Kumar
All are the sons of Ram Binay Kumar R/O Vill. Narma Indris @ usri P.S,. Kako in the district of Jehanabad.
……………….Plaintiff/Respondent 2nd Set.
=========================================================== Appearance :
For the Petitioner/s : Mr. SANJEEV KUMAR, Adv For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 15-11-2016
Heard learned counsel for the petitioner and learned
counsel for the respondents.
The present application has been filed assailing the order by which the trial court has refused the prayer for injunction
as made by the plaintiff-petitioner. Such an order is appealable
Patna High Court CWJC No.13233 of 2013 dt.15-11-2016
2
under the provisions of Order 41 Rule 1 CPC and therefore, the present application filed under Article 227 of the Constitution of India is completely misconceived and is dismissed as such.
(V. Nath, J)
Ranjan/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date18.11.16
Transmission N.A.
Date
1 issue framed by the court
Whether an appeal filed under Order 41 Rule 1 CPC is maintainable and whether a writ petition under Article 226 of the Constitution is maintainable in its place.
Ram Binay Kumar
Ram Janam Sharma
Smt. Amlaprit Devi
Ashok Kumar
Kaushlendra Kumar
Dhirendra Kumar
V. Nath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
