HARSHADBHAI HIRAJIBHAI PABARI Vs. GOKALDAS LALJIBHAI PABARI

JUDGEMENT

(1.) This petition is filed with the following prayers:

(2.) It transpires that this matter is filed being aggrieved by the order passed below application Exh.5 by the learned trial Court rejecting the application below Exh.5 and the order of the lower appellate Court rejecting the appeal against the said order of the learned trial Court and therefore, there are concurrent findings by both the Courts below against the petitioner on the injunction application. This Court has very limited scope to interfere in the impugned orders, which, looking to the facts and circumstances of the case vis-a-vis considering the orders impugned passed by both the Courts below, this Court does not warrant any interference under Article 227 of the Constitution of India as per the decision of the Hon'ble Apex Court in the case of M/s. Garment Craft versus Prakash Chand Goel reported in (2022) 4 SCC 181, more particularly, paragraph nos.15 to 17 therein, where it was held that High Courts while exercising powers under Article 227 does not act as appellate authority and cannot reappreciate evidence and the jurisdiction exercised under Article 227 is in nature of correctional jurisdiction to set aside grave dereliction of duty or flagrant abuse of process of law and High Court cannot substitute its own view on merits.

(3.) At this stage, learned advocate for the petitioner submitted that the suit is of the year 2019 and now it is at the stage of recording of evidence of the defendant.