SMT. SARASWATI DEVI AND 4 ORS. Vs. ADDL. DISTT. JUDGE, FAIZABAD AND 2 ORS.
LAWS(ALL)-2016-12-101
HIGH COURT OF ALLAHABAD
Decided on December 19,2016

Smt. Saraswati Devi And 4 Ors. Appellant
VERSUS
Addl. Distt. Judge, Faizabad And 2 Ors. Respondents

JUDGEMENT

Devendra Kumar Arora, J. - (1.) Heard.
(2.) This petition arises out of the judgment and order dated 29.11.2016 passed by the Additional District Judge, Court No.2, Faizabad in Misc. Civil Appeal No.45 of 2014 (Shiv Ram v. Saraswati Devi and others) , whereby the Appellate Court allowed the appeal filed by Shiv Ram and quashed the order dated 10.04.2014 passed by the trial Court in O.S. No. 108 of 2014.
(3.) Learned Counsel for petitioners has contended that after hearing the plaintiff and respondents and also after considering all the material on record, an order of temporary injunction was passed by the trial Court. Therefore, the finding of the Appellate Court that petitioners have not come with clean hands while obtaining the temporary injunction in their favour is wholly erroneous. It also wrong to say that injunction was sought only for the specified areas (A,B, C and D) of Gata No.727 but the trial court has granted temporary injunction in respect of the entire area of Gata No.727. According to the learned Counsel for petitioners, the impugned judgment and order dated 29.11.2016 passed in Misc. Civil Appeal No.45 of 2014 amounts to abuse of the process of the court and as such the same is liable to be set aside.;


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