BASIR AHAMED Vs. ABDUL KADIR & ORS

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order being No. 2 dated 20th January, 2015 passed by the learned Civil Judge (Senior Division), Chanchal, in O.C. Suit No. 14 of 2015 by which the plaintiff's prayer for adinterim injunction was refused by the learned Trial Judge. Notice was directed to be served upon the defendant nos. 1 to 5 calling upon them to show cause as to why temporary injunction will not be granted in favour of the plaintiff.

(2.) On perusal of the said impugned order, we find that the learned Trial Judge refused to pass any ad-interim order of injunction in favour of the plaintiff as the part of the land being item nos. 3, 4 and 5 in schedule 'Ka" in respect of which ad-interim order of injunction was sought for, are not identified by boundary. This is the only reason assigned by the learned Trial Judge for refusing to grant ad-interim order of injunction in favour of the plaintiff.

(3.) In this regard, we have considered the plaint as well as injunction application filed by the plaintiff. We find that the property in respect of which injunction was sought for, including the property mentioned in item nos. 3, 4 and 5 under "Ka" schedule property, were well defined and identified by boundary by the plaintiff.