High Court of Judicature at Allahabad
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Om Prakash v. Gyan Chandra & Others - FIRST APPEAL FROM ORDER No. 950 of 2006  RD-AH 8222 (24 April 2006)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This First Appeal From Order has been filed against the order dated 10th March, 2006 passed by the learned Civil Judge (S.D.), Budaun in the injunction application filed in Original Suit No. 382 of 2005. The defendant-appellant has been restrained from making any construction on the property in dispute. The suit was for partition of the property.
We have carefully perused the order under Appeal and find that the learned Judge has very elaborately dealt with all the three requirements namely; prima facie case, balance of convenience and irreparable loss and had recorded a categorical finding that in such situation when the suit itself for a partition, the defendant should be restrained from making any construction on the property in dispute.
We have unable to find any infirmity in the said order. The Appeal is, accordingly, dismissed.
Sri S.K. Verma, learned Senior Counsel has appeared for the respondents.
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