SAYED SHAHABUDDIN Vs. RAJEEV AND ORS.

JUDGEMENT

(1.) The instant appeal is directed against the judgment and order dated 17.3.2015 passed by Civil Judge (S.D.), Gorakhpur in O.S. No.963 of 2014, Sayed Shahabuddin Vs. Rajeev and others, whereby application for temporary injunction filed by the plaintiff/appellant (hereinafter referred as "appellant") was rejected.

(2.) Learned counsel for the appellant in support of the appeal has contended that the appellant is Bhoomidhar in possession of plot nos.83 & 85, construction of his dwelling house is going on, defendants/respondents (hereinafter referred as "respondents") with a view to grabbing the property are creating obstruction and claiming that they would make nurses' hostel and doctors' residences over the land of the appellant. In Civil Misc. Writ Petition No.17147 of 2009 this court has passed interim order, which is still operative, but the respondents are disobeying the order. When the appellant filed a suit before the court below on the strength of order dated 31.3.2009, application for temporary injunction was illegally rejected.

(3.) Learned counsel for the appellant submits further that in favour of the appellant prima facie case is made out. Balance of convenience lies in his favour and due to obstruction created by the respondents he is likely to suffer irreparable loss, but the court below misread the evidence and erroneously rejected the application for temporary injunction.