Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 4009 of 2018 Petitioner :- Ajay Bhola Respondent :- Surendra Bhola Counsel for Petitioner :- Deepak Kumar Srivastava Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for setting aside the orders dated 3.12.2016 passed by Civil Judge (Junior Division), Shahjahanpur as well as order dated 11.5.2018 passed by Additional District Judge, Court No. 6, Shahjahanpur.
By the impugned order dated 3.12.2016 the interim injunction application filed by the plaintiff-petitioner was rejected. The misc. appeal filed against the same was also dismissed vide order dated 11.5.2018. In the original suit the plaintiff-petitioner and defendant-respondent are real brothers and they have received the property pursuant to the registered Will dated 11.7.2017 executed by their father, wherein the property in possession of all the brothers has been shown with different colours. Injunction was sought by the petitioner on the ground that a common passage, which is the only passage available to the petitioner, is being disturbed by the defendant-respondent.
The courts below have considered the registered Will as well as map annexed therewith and found that the separate shares have been correctly shown and amin report is also against the plaintiff-petitioner. In such view of the matter, it was found that the no prima facie case has been made out by the petitioner. The petitioner is challenging the aforesaid orders on the ground that the galary of the house is the only way of the petitioner and the same is joint galary.
In such view of the matter, the rejection of the interim injunction application is based on documentary evidence and I do not find any good ground to interfere in the orders impugned herein.
Present petition is devoid of merits and is accordingly dismissed.
Order Date :- 29.5.2018 Lalit Shukla