Tola Ram & Ors vs Pirag Chand & Anr on 11 November, 2009

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         S.B. CIVIL MISC. APPEAL NO.1394/2009
              (Tola Ram & Ors. Vs. Pirag Chand & Anr.)


               Date of order         ::     11.11.2009


         HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr.Anil Upadhyay, for the appellants.



              Heard learned counsel for the appellants
and perused the memo of appeal as well as order
impugned.
              In my opinion, prima facie finding given
by     the    learned     trial      court       for     rejection     of
application filed under Order 39 Rule 1 and 2 read
with     Section        151   CPC     does       not     require     any
interference       because        appellants           have   miserably
failed to make out prima face case because except
agreement to sale of their share of property, no
documentary        evidence          was     produced         by      the
appellants before the trial court with regard to
their possession over the land.                   Further, there is
finding of learned trial court that the land in
question is still undivided property of the family
because no partition took place till today.
              In   my    opinion,         when    appellants         have
failed to make out any prima facie case, so also,
when balance of convenience also does not lie in
favour       appellants,      then    obviously,         no   temporary
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           injunction can be granted.
                    In this view of the matter, there is no
           force in the appeal.    Hence, the misc. appeal is
           dismissed.


                                         (GOPAL KRISHAN VYAS),J.

A.K. Chouhan/-