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SMT. BHAGWAN DEI & OTHERS versus SPECIAL JUDGE, SC/ST ACT/A.D.J. & OTHERS

High Court of Judicature at Allahabad

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Smt. Bhagwan Dei & Others v. Special Judge, Sc/St Act/A.D.J. & Others - WRIT - C No. 62990 of 2005 [2005] RD-AH 3529 (24 September 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

The petitioner-plaintiffs filed an application before the trial court for grant of temporary injunction. The trial court, after arriving at a conclusion that no prima facie case has been made out by the plaintiffs, refused to grant interim injunction prayed by the plaintiffs. The plaintiffs thereafter approached lower appellate court. The lower appellate court maintained the findings of the trial court and dismissed the appeal. Thus this writ petition.

It is settled law that this Court will not sit in appeal over the findings arrived at by the trial court and affirmed by the lower appellate court with regard to prima facie case, balance of convenience and irreparable loss unless the same is demonstrated to be either perverse or suffer from manifest error of law. Nothing of the sort has been demonstrated nor pointed out so far as the orders impugned in the writ petition are concerned.

Lastly it is submitted by learned counsel for the petitioners that considering the facts and circumstances of the case a direction may be issued to the trial court to decide the suit at an early date. Considering the aforesaid arguments and in the facts and circumstances of the case, in the interest of justice, I direct the trial court to decide the suit expeditiously preferably within one year from the date of production of a certified copy of this order before it.

With the aforesaid observations and directions this writ petition is dismissed.

Dt: 24.9.2005.

mhu - 62990/05


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