RAM KAILASH AND ANOTHER v. ZILA NYAYADHISH SITAPUR AND 3 OTHERS
WRIC/2788/2025 · 2025-04-02
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 129538 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129538 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18146 Court No. - 6 Case :- WRIT - C No. - 2788 of 2025 Petitioner :- Ram Kailash And Another Respondent :- Zila Nyayadhish Sitapur And 3 Others Counsel for Petitioner :- Narvind Kumar Singh,Preeti Yadav Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioners.
2. The present petition has been filed challenging the order dated 22.03.2025, whereby the injunction was refused as well as the appellate order dated 24.01.2025, whereby the appeal was dismissed.
3. Considering the fact that the court below was of the view that the plaint does not disclose the boundaries nor was any map annexed, it was noticed that the prima facie case could not be established. As the findings recorded while denying the injunction are prima facie findings and have no bearing to the suit. The apprehension of the petitioner that the said findings would adversely affect the petitioner are ill founded.
4. Considering the two orders, which are based upon logical
reasoning and the fact that the property was not properly identified in the plaint, I do not see any reason to interfere with the said orders.
5. The petition lacks merits and is accordingly, dismissed.
Order Date :- 2.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench