MAHADEV Vs. VII ADDL. DISTRICT JUDGE, VARANASI AND OTHERS
LAWS(ALL)-2001-1-144
HIGH COURT OF ALLAHABAD
Decided on January 19,2001

MAHADEV Appellant
VERSUS
Vii Addl. District Judge, Varanasi And Others Respondents

JUDGEMENT

R.H. Zaidi, J. - (1.) Heard learned counsel for the petitioners, learned standing counsel and perused the record.
(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner challenges the validity of the order dated 6.11.2000 whereby appeal filed by the petitioner was dismissed by the Court below.
(3.) It appears that the petitioner filed Original Suit No. 230 of 1993 for permanent prohibitory injunction restraining the respondent No. 3 from interfering in his possession over the property in dispute and for cancellation of sale deed dated 14.5.1949, which is alleged to have been executed by respondent No. 3. Petitioner also filed an application for grant of interim injunction. The application filed by the petitioner was objected to by the contesting respondent. After perusing the material on the record, the trial court dismissed the application filed by the petitioner by its judgment and order dated 6.10.1993. Challenging the validity of the said order, petitioner filed Misc. Appeal No. 395 of 1993. The Court below also recorded and affirmed the findings on the questions of prima facie case, balance of convenience and irreparable injury against the petitioner and in favour of the contesting respondent and dismissed the appeal by the impugned order dated 6.11.2000. Hence, the present petition.;


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