AMIR ALAM KHAN Vs. LUCKNOW DEVELOPMENT AUTHORITY LUCKNOW

JUDGEMENT

(1.) The present appeal under Order 43 Rule 1(r) CPC has been preferred against the impugned order dated 6.12.2010 passed by Civil Judge ( Senior Division), Lucknow in regular suit 587 of 2010, Amir Alam Khan Vs. Lucknow Development Authority and another.

(2.) WHILE assailing the impugned order, it has been submitted by Sri Mohd.Arif Khan, learned Senior Counsel that the Civil Judge has recorded a detailed finding on merit with regard to controversy and left nothing for adjudication. Sri Prashant Chandra, learned Senior Counsel for respondent submits that only factual narration has been given and there is no finding on merit with regard to controversy in question.

(3.) A plain reading of the impugned order reveals that the trial court has proceeded ahead to record a finding after considering the entire evidence on record, broadly on merit. It shall be appropriate that application for injunction may be decided afresh strictly in accordance to law settled by this court in the aforesaid case (Supra).