KANDOI FINANCE PVT. LTD. Vs. KRUSHNA CHANDRA BEHERA

JUDGEMENT

(1.) This appeal has been filed challenging an order dated 04.09.2014 passed by the Civil Judge (Sr. Division) First Court, Cuttack in Interim Application No. 86 of 2013 arising out of C.S(I). No. 883 of 2012 rejecting the application under order 39 rules 1 and 2 read with section 151 of the Code of Civil Procedure filed by the plaintiff-appellant.

(2.) The facts necessary for the purpose of this appeal are as under:-

(3.) The trial court taking into consideration the pleadings of the parties and the documents arrived at a conclusion that the appellant has shown a prima facie case. However, having found the respondent to be the owner in possession of the property having right, title, interest and possession over the same, it has been said that the other two ingredients such as balance of convenience and irreparable loss do stand to be satisfied. Accordingly, the prayer for issuance of temporary injunction as advanced by the appellant has been rejected.