ORDER Barkat Ali Zaidi, J.
1. Heard Sri M.A. Haq, advocate for the petitioner.
2. In this writ petition, arising out of refusal of grant of ex-parte injunction in a Civil Suit being No. 798 of 2003 pending before the Civil Judge (Jr. Div.) West, Allahabad and the subsequent dismissal of Revision No. 08 of 2004 by the Additional District Judge, Court No. 17, Allahabad the only contention from the side of the petitioner-plaintiff here is that the observations made in his order by the revising Judge are likely to prejudice the petitioner-plaintiff at subsequent stages of the injunction application, because the revising Court has given findings with regard to the title of the petitioner.
3. When a Court considers the grant or refusal of an interim injunction, it has, as of necessity to look into the availability of a prima Jade case or otherwise. While assessing, whether there is a prima facie case or not, the Court will have to look into the documents of title deeds, and come to a conclusion, whether the documents available on record make out a case In favour of the plaintiff? In examining the documents, it is unavoidable for the Court to make certain comments, because, it has to come to a conclusion about presence of or otherwise of a prima Jade case.
4. Such observations are not taken into account when the material is decided on merits, because, they are confined to the limited purpose of the disposal of the injunction application. No Court will say that because observations have been made at the time of the disposal of interim injunction application, the plaintiffs case is weak! It is settled law that such observations are meant only for the purpose of the disposal of the interim injunction application. The apprehensions of the petitioner in this regard are wholly Illusory and Imaginary and no case for interference by the Court in this writ petition is made out.
5. The writ petition is dismissed in limine.