Petitioner-plaintiff has filed this petition under Article 227 of the Constitution of India to challenge the impugned order dated 8th of September, 2015 passed by Additional District Judge No.1, Hanumangarh (for short, 'learned lower appellate Court'), whereby learned lower appellate Court has dismissed the appeal of petitioner by affirming the order passed by learned trial Court refusing temporary injunction in a suit for declaration, perpetual injunction and requisite correction in the sale-deed.
Along with the plaint, an application under Order 39 Rules 1 & 2 CPC is also filed by the petitioner- plaintiff seeking relief of temporary injunction pending decision in the suit. The learned trial Court after examining the matter in a cursory manner rejected the prayer for interim injunction. Being aggrieved by the order of the learned trial Court, the petitioner-plaintiff approached the learned lower appellate Court. The learned lower appellate Court made sincere endeavour to examine the matter threadbare and after discussing the pleadings of rival parties recorded its definite finding that the petitioner has miserably failed to make out a prima facie case for grant of temporary injunction. That apart, the learned lower appellate Court has also found that the petitioner-plaintiff has not been able to prove two other necessary ingredients.
