Onkar Singh And ORS v. Mahabir Mishra And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9661 of 2015 ======================================================

1. Onkar Singh son of late Ambika Singh,

2. Dilip Singh @ Dilip Kumar Singh

3. Diwakar Singh @ Diwakar Kumar Singh @ Kunkun Singh both sons of Sri Onkar Singh, all resident of village Bihari, P.S. & Dist. Jamui. .... .... Petitioners

Versus

1. Mahabir Mishra s/o late Deshraj Mishra

2. Balgovind Mishra

3. Santosh Mishra, both sons of Mahabir Mishra, all resident of village Bihari, P.S. & Dist. Jamui.

.... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner.

By the impugned judgment and order dated 30.03.2015, the learned District Judge has confirmed the order of injunction passed by the Trial Court in Miscellaneous Appeal No. 04 of 2011 by recording finding that the appellant has got no prima facie case for the grant of injunction and balance of convenience is not in favour of the appellant. Therefore, in view of the finding of facts recorded by both the Courts, this Court is not in a position to interfere with the finding of fact. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) Mishra/- U