IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 252 of 2007
Dharmendra Kumar Narayan ........Appellant
Versus
Lalchand Boral & Others ..Respondents
Coram :THE HON'BLE MR. JUSTICE R.K. MERATHIA
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For the Appellant : Mr. Anand Kumar Pandey, Advocate
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4/2.3.2009
This appeal has been filed against the order dated
18.7.2007, passed by the learned Subordinate Judge-1, Palamau at
Daltonganj, in Title Suit No. 103 of 2004, rejecting the injunction petition
filed on behalf of the appellant.
2. Counsel for the appellant submitted that a prima facie case
was found in favour of the appellant but even then injunction was not
granted. He further submitted that injunction petition was pending for
about three years, about which a complaint was also filed and for that
reason prayer for injuction has been refused.
3. It appears that appellant is an Advocate of District Bar
Association, Palamau. He made a complaint regarding non-disposal of
injunction petition. The Vigilance Committee forwarded the same to
learned Sub Judge-1, Palamau at Daltonganj for immediate action in the
suit and for disposal of injunction petition. It further appears that
though the learned court below found that there is prima facie case in
favour of plaintiff but it found that effective order for injuction cannot be
passed to restrain the defendants on specific portion of land as no
boundary was given in Schedule E and admittedly lands of khata 307
and 385 were already sold with the instruction and mediation of plaintiff.
With regard to irreparable loss and injury, the learned court below found
that plaintiff himself claimed in relief-C-1 regarding refund of earnest
amount of Rs.5,81,000/- with interest @ 12% from the date of receipt till
the date of payment.
4. In my opinion, no grounds have been made out for
interference with the impugned order. However, the suit may be disposed
of expeditiously. The parties are directed to cooperate in early disposal of
the suit.
With these observations and directions, this appeal is
dismissed.
( R.K. Merathia, J)
Rakesh/