GANGA PRASHAD Vs. BALDEV SINGH

JUDGEMENT

(1.) THE plaintiff is the petitioner, who has preferred this petition under Article 227 of the Constitution of India against the order dated 23.6.2014 passed by the learned Additional District Judge -II, Kangra at Dharamshala, whereby the order dated 31.10.2011 passed by learned Civil Judge (Senior Division), Kangra at Dhaamshala dismissing the application for grant of ad -interim injunction has been affirmed.

(2.) THE petitioner had preferred a suit seeking declaration to the effect that he was the owner in possession of the suit land, as detailed in the jamabandi for the year 2004 -05. It is alleged that the respondent/defendant had no right whatsoever and yet he was causing obstruction in the path leading to the plot of the petitioner from Khasra No. 1749/829 to 1752/829. A separate application for ad -interim injunction was preferred for restraining the respondent from obstructing the path which was dismissed by the learned trial Court and the said findings were affirmed by the learned lower Appellate Court. It is against these orders that the present petition has been preferred.

(3.) WHAT factors have to be borne in mind while granting or refusing an injunction have been succinctly dealt with by the Hon'ble Supreme Court in M. Gurudas and others v. Rasaranjan and others : (2006) 8 SCC 367 in the following manner: - -