VIKRAM SINGH Vs. BANE SINGH AND ORS

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution, challenges the order dated 04.07.2013 whereby petitioner's Miscellaneous Appeal under Order 43 Rule 1 C.P.C is rejected by the court below.

(2.) Petitioner / plaintiff filed a suit for permanent injunction. The application preferred by the petitioner under Order 39 Rule 1 & 2 C.P.C. was rejected by the trial court in C.S. No. 34A/2011 on 18.05.2012. This order of trial court is unsuccessfully challenged in Misc. Appeal No. 05/2012. By the impugned order, appeal is also rejected.

(3.) Shri Ashish Shrivastava, learned counsel for the petitioner, submits that the petitioner acquired title pursuant to a sale deed. He filed sale deed and certain revenue records before the trial court. He submits that extent of right flowing from those documents, the genuineness and correctness of documents can be examined after recording the evidence. But prima facie material was filed before the court below which should not have been ignored. He submits that the court below has erred in rejecting the prayer for interim relief.