Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9750 of 2018 Petitioner :- Smt. Pushpa Singh Respondent :- Smt. Urmila Singh Counsel for Petitioner :- Chhaya Gupta,Sujeet Kumar
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner.
The orders of rejection of temporary injunction application are under challenge in the present petition.
A perusal of the plaint map indicates that the plaintiff has not given clear description of the suit property. The findings returned by the Court below that in view of the fact that the property, subject matter of dispute in the instant suit is not identifiable from the plaint map, no injunction can be granted, requires no interference.
The specific finding recorded by the Court below that the plaintiff has not come out with the clean hands, could not be disputed in the present petition. From a perusal of the plaint averments and the plaint map, it appears that the suit property is part of residential houses occupied by the defendants to the suit but its location and position is not identifiable.
In view of the fact that the findings of fact returned by the Court below could not be assailed by the learned counsel for the petitioner on any of the grounds for interference within the scope of Article 227 of the Constitution of India, this Court cannot take a different view.
The present petition is, thus, found devoid of merits and hence dismissed.
The suit, however, shall be proceeded on merits independent of any of the observations made hereinabove.
Order Date :- 22.1.2019 Brijesh