Mohd. Auranjeb Ahmad @ Md. Aorangzeb Ahmed @ Md. Aorangzeb Ahamed v. Mohd. Irshad Alam

Patna High Court C.Misc. No.197 of 2017 (3) dt.21-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.197 of 2017 ====================================================== Mohd. Auranjeb Ahmad @ Md. Aorangzeb Ahmed @ Md. Aorangzeb Ahamed .... .... Petitioner/s

Versus

Mohd. Irshad Alam .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ajay Kumar Sinha For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 21-02-2017 Heard the learned counsel for the petitioner. Perused the impugned order dated 27.08.2016 passed by learned District Judge, Gaya in M.A. No.19 of 2004 whereby the learned appellate court has dismissed the appeal and confirmed the order dated 17.09.2004 passed by learned Munsif I, Gaya in Title Suit No.25 of 2004 whereby the learned Munsif rejected the injunction application filed by the petitioner. Since both the courts below have rejected the application for injunction whereby the plaintiff-petitioner prayed that the defendants be restrained from using the door opened by the defendants during the pendency of the suit.

Therefore, in view of the above facts and circumstances of the case that both the courts below have not found the case for grant of injunction, in supervisory jurisdiction, this court cannot

Patna High Court C.Misc. No.197 of 2017 (3) dt.21-02-2017 substitute its own conclusion for the purpose of supervising the orders passed by the courts below.

Thus, this civil miscellaneous application is dismissed. (Mungeshwar Sahoo, J) Saurabh/- U T