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Dashrath Singh v. The District Judge & Others - WRIT - C No. 67200 of 2005 [2005] RD-AH 4573 (21 October 2005)


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Hon'ble Anjani Kumar, J.

The petitioner-plaintiff, aggrieved by an order passed by the trial court and affirmed by the appellate court refusing to grant temporary injunction in favour of the petitioner injuncting to  respondent from recovery of money which is due from the petitioner, approached this Court by means of this writ petition under Article 226 of the Constitution of India. Learned counsel for the petitioner has relied upon a decision which was relied upon by the trial court on behalf of the petitioner in support of his contention that denial of injunction is not justified.

I have gone through the order passed by the trial court and affirmed by the lower appellate court. I do not find that refusal of discretion of temporary injunction, exercised in favour of the petitioner-plaintiff by the trial court and affirmed by the lower appellate court, suffers from an error much less an error of law which may warrant interference by this Court in exercise of jurisdiction under Article 226 of the Constitution of India.

This writ petition has no force and is accordingly dismissed.

Dated: 21.10.2005.

mhu - 67200/05


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