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WALEED versus MOHMAMMAD NASEEM AND OTHERS

High Court of Judicature at Allahabad

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Waleed v. Mohmammad Naseem And Others - WRIT - C No. 70991 of 2005 [2005] RD-AH 7137 (7 December 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-defendant in a suit aggrieved by an order passed by the trial court whereby the trial court granted temporary injunction in favour of the plaintiff approached the lower appellate court by means of an appeal. The lower appellate court dismissed the appeal and affirmed the findings regarding prima facie case, balance of convenience and irreparable loss. Thus, this writ petition.

Before this Court, learned counsel for the petitioner tries to assail these two orders on the ground that the view taken by the trial court and affirmed by the lower appellate court is contrary to the evidence on record but could not point out as to which part is against the evidence on record.

It is settled that this Court will not sit in appeal over the findings recorded by the trial court and affirmed by the lower appellate court unless the findings are demonstrated to be either perverse or suffer from any error much less manifest error of law. Nothing of the sort has been demonstrated by leaned counsel for the petitioner.

In this view of the matter, this writ petition has no force and is dismissed.

Dated:  7.12.2005.

HR/70991/2005.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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