LAWS(ALL)-2010-2-257

CHANDRA DEV Vs. KUMAR

Decided On February 25, 2010
Chandra Dev Appellant
V/S
KUMAR Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and Sri Ankit Gaur for the respondent.

(2.) SUIT was filed by the plaintiff-petitioner seeking a decree of injunction restraining the defendant-respondent from interfering in his peaceful possession over the land in dispute. An application for temporary injunction was also filed. Both the Courts below have rejected the application for temporary injunction on the ground that plaintiff-petitioner has failed to establish any pritna facie case. A perusal of the plaint filed as Annexure-1 to the writ petition goes to show that though the injunction was being claimed over the suit property which was depicted by means of plaint map shown by letters A, B, C, D but neither any plot number nor any other details which could lead to the identification of the suit property was there either in the plaint or in the application for temporary injunction or any affidavit filed in support thereof.

(3.) I have considered the argument advanced by learned Counsel for the petitioner and perused the record.