Full Judgment
1 W.P.No.9766/2012 22/2/2013: Shri Anand Datt Mishra, learned counsel for the petitioner.
Shri Sanjeev Kumar Singh, learned Panel Lawyer for the respondents.
Petitioner has filed this writ petition under Article 227 of the Constitution challenging the concurrent orders passed by the Trial Court and Appellate Court in the matter of rejecting the application for injunction filed by the petitioner under Order 39 Rule 1 and 2.
Petitioner is a plaintiff and has filed the suit in question for declaration of title and injunction with regard to certain disputed land measuring 0.18 decimal situated in mouza Civil Lines, Satna.
Even though various grounds are raised in the writ petition, it is seen that both the Courts have evaluated existence of balance of convenience, prima facie case and irreparable loss.
Finding that none of the ingredients necessary for grant of injunction is made out the application has been rejected.
Concurrent orders passed by the trial Court and Appellate Court in the matter of rejecting the prayer for injunction in a proceeding under Order 39 Rule 1 and 2 CPC does not call for any interference not in this petition under Article 227 of the Constitution.
Nothing is brought to the notice of this Court to hold that the concurrent orders passed by the Courts below are perveRs.or illegal to such an extent that interference is called for.
Accordingly finding no ground to interfere, this petition is dismissed.
(Rajendra Menon) Judge Mrs.m i shra