High Court of Judicature at Allahabad
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Mohammad Intazar Ansari v. Radha Charan - WRIT - C No. 11154 of 2006  RD-AH 4341 (23 February 2006)
HON'BLE UMESHWAR PANDEY, J.
Heard learned counsel for the petitioner.
The petitioner has come in this petition challenging the order dated 5.12.2005 passed by the District Judge, Jhansi, dismissing his appeal filed under Order XLIII Rule 1 (r ) C.P.C.
From the facts and circumstances as demonstrated by the record and also from the perusal of the impugned order, it appears that the plaintiff/petitioner who has filed a suit for permanent injunction also sought a prayer for temporary injunction for restraining the respondent No.4 from raising any construction in the disputed property.
The court below while appreciating the materials made available before it has found that the respondent/defendant being admittedly in possession over the property has also a registered sale-deed regarding the property in question in his favour. Even though the petitioner too has a registered sale-deed in respect of the same property, but finding better primafacie case with the defendant, the prayer of plaintiff/petitioner for grant of temporary injunction was rejected. I do not find any legal or procedural infirmity in the order passed by the courts below. Both the courts have refused the prayer for temporary injunction and no interference as such is required to be made in those orders by this Court in its extra ordinary jurisdiction under Article 226 of the Constitution of India.
The petition, having no force, is hereby dismissed.
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