Court No. - 34
Case :- FIRST APPEAL FROM ORDER No. - 943 of 2018 Appellant :- Hemant Jain Respondent :- Kavita Agrawal And Ors Counsel for Appellant :- Rashmi Srivastava
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard learned counsel for appellant and perused the record.
2. This appeal under Order 41 Rule 1(r) C.P.C. has arisen from judgment and order dated 15.12.2017 passed by Civil Judge (Senior Division), Aligarh rejecting appellant's Application No. 7C filed under Order 39 Rules and 1 and 2 C.P.C., declining to grant ad interim injunction in favour of appellant. Court below has categorically observed that appellant has miserably failed to proved prima facie case, balance of convenience and irreparable loss in his favour.
3. Plaintiff set up a case with assertion that property in dispute is under co-ownership of plaintiff and defendants and plaintiff claimed himself to be legal heir of Chiranji Lal but could adduce no evidence before Court below that he has any relationship with Chiranji Lal.
4. Learned counsel for appellant, when questioned, stated that appellant got subsequently some material and in this regard an application for amendment has also been filed before Court below but the fact remains that on the basis of material available before Court below, impugned order has been passed and in that material there was no prima facie evidence to show the relationship of appellant with Chiranji Lal.
5. In view of statement of counsel for appellant that there was no material when impugned order was passed by Court below, we find no manifest error therein warranting interference.
6. Appeal lacks merit. Dismissed at the stage of hearing under Order 41 Rule 11 C.P.C.
Order Date :- 27.2.2018 AK