KHWAAJA SHARAFAT ALI Vs. AAYAZ AHMAD

JUDGEMENT

(1.) Heard Sri Anurag Khanna, assisted by Sri Sumit Daga, on behalf of the appellants and Sri Shashi Nandan, learned senior counsel, assisted by Sri Pankaj Agrawal, on behalf of the respondents. This first appeal from order has been filed against the judgment and order of the learned Civil Judge (Senior Division), Aligarh, passed in Original Suit No. 352 of 2014, Khwaja Sharafat Ali and others v. Aayaj Ahmad and others. By means of impugned order the learned Civil Judge (Senior Division), Aligarh, has rejected the temporary injunction application paper No. 7(c) filed by the plaintiff for temporary injunction.

(2.) From a reading of the order of the trial court, we find that a specific finding has been returned that prima-facie the plaintiff did have a share in the property left behind by Khwajabox, but what was the extent of the share is still to be determined, after the parties exchange their pleadings, but the plaintiff has failed to establish that he was the exclusive owner of the property in question, on prima-facie basis. The trial court has thereafter, proceeded to record that the plaintiff has not been able to establish his possession and therefore, he is not entitled to the order of temporary injunction, as the second essential condition for grant of such injunction namely 'balance of convenience', does not lie in favour of the plaintiffs.

(3.) The trial court has not granted temporary injunction, as three essential conditions specified: