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SB Civil Writ Petition No.10081/2008
Anirudh Kumar. vs. Smt. Chando Devi & Anr.
S.B. Civil Writ Petition No.10081/2008
Anirudh Kumar.
vs.
Smt. Chando Devi and another.
Date : 7.1.2009
HON'BLE MR. PRAKASH TATIA, J.
Mr.JK Bhaiya, for the petitioner.
– – – – –
Heard learned counsel for the petitioner.
The petitioner has preferred this writ
petition to challenge two orders passed by two
courts below – trial court dated 23.5.2008 and
appellate court dated 9.9.2008.
The petitioner’s application for grant of
injunction was rejected by the trial court and the
appellate court also upheld that finding after
observing that there is no prima-facie case in
favour of the plaintiff/petitioner nor there
exists any legal right in favour of the
petitioner. The petitioner’s total claim was that
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SB Civil Writ Petition No.10081/2008
Anirudh Kumar. vs. Smt. Chando Devi & Anr.
he was having irrigation facility through the land
of the respondents/defendant with the consent of
the respondents since last 8 years. However,
admittedly that consent is said o be oral consent
and according to the petitioner, he invested Rs.20
lakhs for laying down water channel through this
land.
Two courts below have considered all these
facts in detail and thereafter, concurrently held
that there is no prima-facie case in favour of the
petitioner.
In view of the above, this writ petition,
having no merits, is hereby dismissed.
(PRAKASH TATIA), J.
S.Phophaliya