Prem Kumar v. Sunita Devi And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1113 of 2014 ====================================================== Prem Kumar .... .... Petitioner/s
Versus
Sunita Devi & Ors .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kr. Sinha Kundan For the Respondent/s : Mr. Pankaj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-12-2015 Heard Mr. Abhay Kumar Sinha Kundan, learned counsel appearing on behalf of the petitioner and Mr. Pankaj Kumar, learned counsel appearing on behalf of the respondents. It appears that the plaintiff- respondents filed Eviction Suit (Eviction Suit No. 13 of 2004) against the defendantpetitioner. The defendant appeared and filed written statement and then injunction application was filed under Order 39,Rules 1 and 2 CPC praying for restraining the plaintiff from interfering in the running of business of the defendant and also not to create nuisance at the shop premises in any manner and also not to damage showcase and other articles.
The trial court by the order dated 03.05.2011 rejected the said application. The defendant- petitioner filed Miscellaneous Appeal No. 52 of 2011 and by judgment dated 29th June, 2012, 2nd Additional District Judge, Muzaffarpur dismissed
Patna High Court CWJC No.1113 of 2014 (2) dt.09-12-2015 2/2 the Miscellaneous Appeal recording the finding that there is no illegality or infirmity in the order passed by the trial court rejecting the injunction application.
From perusal of the judgment aforesaid, it appears that the Appellant Court found that the trial court found that neither there is balance of convenience nor prima facie case for grant of injunction is made out and therefore the court has rightly rejected the application.
In such circumstances, this Court in exercise of jurisdiction under Article 227 of the Constitution of India cannot interfer with the judgment of Appellate Court. This writ application is, accordingly, dismissed. (Mungeshwar Sahoo, J) singh/- U