JHINKU MAURYA versus ADDL. DISTRICT JUDGE, COURT NO. 7, AZAMGARH & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Jhinku Maurya v. Addl. District Judge, Court No. 7, Azamgarh & Others - WRIT - C No. 31616 of 2006 [2006] RD-AH 10962 (5 July 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

HON'BLE UMESHWAR PANDEY, J.

Heard the learned counsel for the parties.

The petitioner-plaintiff's case for temporary injunction filed in a partition suit was dismissed by the trial court and his appeal too against the said order, has been dismissed. Those orders are under challenge in this writ petition.

The petitioner has come with a case that the property is joint, but he objects to the raising of certain construction by the defendant-respondents No. 3 and 4. There is no two opinion that the parties in a joint property hold joint possession. There is no pleading to the effect of plaintiff's having any specific possession over the portion of a property where disputed constructions are being raised. Therefore, on this set of fact if the courts below have refused to grant any temporary injunction in favour of the petitioner, I do not think that the orders can be called as erroneous in any respect.

No interference in the writ petition in those orders is called for and the petition is hereby dismissed.

05.07.2006

SUA/31616-06

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