Ram Lakhan v. Asharfi Lal and Another

Court No. - 8 Case :- WRIT - C No. - 1004948 of 2013 Petitioner :- Ram Lakhan Respondent :- Asharfi Lal And Another Counsel for Petitioner :- Sushil Kumar Rastogi Hon'ble Pankaj Bhatia,J.

¶1An illness slip has bee sent by Sri Sushil Kumar Rastogi, learned Counsel for the petitioner, however, the matter is very old one, I do not propose to adjourn the matter.

¶2The proceedings under challenge arise out of an order whereby the injunction application was refused on the ground that the plaintiff could not establish prima facie case and the appeal preferred against the said order was also dismissed.

¶3When the matter was entertained, this court had passed an order on 01.08.2013 restraining the parties from selling the land in question.

¶4Considering the fact that the plaintiff could not establish a prima facie case, the court below has rightly rejected the injunction application. Accordingly, the writ petition is dismissed.

¶5The interim order granted by this Court is vacated with directions to the trial court to decide the suit No.77 of 1999 expeditiously, if no already decided.

¶6The registry is directed to communicate this order to the court below hearing Suit No.77 of 1999. Order Date :- 12.10.2023 akverma High Court of Judicature at Allahabad, Lucknow Bench