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Banwari v. Virendra & Others - WRIT - C No. - 53706 of 2007 [2007] RD-AH 17264 (1 November 2007)

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Hon. Dilip Gupta, J.

The petitioner is the plaintiff of Original Suit No. 1288 of 2002. The Suit had been filed for cancellation of the registered sale deed dated 9th February, 2002. Along with the plaintiff an application for grant of temporary injunction under Order 39 Rule, 1 of the Code of Civil Procedure was also moved. The Trial Court rejected the application for grant of temporary injunction and the Miscellaneous Appeal filed by the petitioner was also dismissed by the learned Additional District Judge, Court No. 4 Jaunpur.

Both the Courts have found that there was no prima facie case in favour of the petitioner and have, therefore, rejected the injunction application.

I am not satisfied with the submissions made by the learned counsel for the petitioner that there is a prima facie case in favour of the petitioner. In this view of the matter, the orders passed by the Courts below do not suffer from any infirmity. It is, however, made clear that the findings recorded by the Courts below while deciding the temporary injunction application will not influence the Trial Court when it decides the Suit.

Subject to the observations made above, the petition is dismissed.

Date: 1.11.2007



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