Sri Anil Kumar Gupta v. Sri Anil Kumar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13932 of 2014 =========================================================== Sri Anil Kumar Gupta S/o late Madan Kishore Prasad, R/o Mohalla- Mithapur, P.S.- Jakanpur, District- Patna .... .... Petitioner

Versus

1. Sri Anil Kumar, S/o late Rajendra Prasad, R/o Mohalla- Mithapur, P.S.- Jakanpur, District- Patna

2. Sri Alok Kumar Gupta, S/o Madan Kishore Prasad, R/o Mohalla- Mithapur, P.S.- Jakanpur, District- Patna .. .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Prakash Kumar For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 06-10-2016 Heard the learned counsel for the petitioner and the learned counsel for the respondents.

This application has been filed against the order passed by the appellate court below in appeal, against the order refusing the injunction as prayed by the plaintiff in the suit by the trial court. The appellate court below, in the impugned order, has affirmed the findings of the trial court and dismissed the appeal. The learned counsel for the petitioner has submitted that the learned court below ought to have appointed a pleader commissioner for taking measurement of land and it has also been prayed that some observation in this regard be made by this Court. The learned counsel for the petitioner has also placed the impugned order passed by the appellate court below in order to persuade this Court to take a different view in the matter. Mr.J.S.Arora, learned senior counsel for the

Patna High Court CWJC No.13932 of 2014 dt.06-10-2016 respondents has supported the impugned order. After considering the submissions and perusal of the orders passed by both the courts below, this Court finds that the matter has been concluded by concurrent finding of fact in the injunction matter by both the courts below, where it has also been pointed out that the plaintiff has not approached the court with clean hands. It does not appear from the material on record that the plaintiff ever made any prayer for appointment of a pleader commissioner for local inspection or measurement of the suit land. In view of the dictum as laid down by the apex court in the case of The Managing Director (MIG) Hindustan Aeronantics Ltd. Balanagar, Hyderabad Vs. Ajit Prasad Tarway, Manager (Purchase and Store) Hindustan Aeronantics Ltd.

Balanagar , Hyderabad, AIR 1973 SC 76 and in the case of The Municipal Corporation of Delhi Vs. Suresh Chandra Jaipuria , AIR 1976 SC 2621, this Court is not inclined to interfere in the impugned order as the findings have been recorded on the consideration of the materials on record and there is no perversity or unreasonableness in any manner in the same.

This application is, accordingly, dismissed.

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