// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9192/2008 Daulat Ram S/o Shri Nirbhay Versus Smt. Sumitra Devi W/o Shri Pratap Date of Order ::: 05.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Ram Babu Sharma and Ms. Lily Parashar, Advocates, for Shri Rajeev Surana, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. The plaintiff-petitioner filed a suit for permanent injunction along-with an application for temporary injunction, which was dismissed by the trial court vide order dated 10th August, 2007. Being aggrieved with the same, an appeal was preferred but the same was also dismissed by the first appellate court vide order dated 20th August, 2008. Hence, this writ petition has been preferred on behalf of the plaintiff-petitioner. I have examined the impugned order passed by the courts below in the light of submissions made on behalf of the petitioner and, after considering the same, I find that both the courts below have recorded a concurrent finding in respect of prima facie case, irreparable injury and balance of convenience against the // 2 // plaintiff-petitioner and in favour of the defendant-respondents, which cannot be interfered with by this Court under Article 227 of the Constitution. There is no illegality, perversity or jurisdictional error in the impugned order so as to interfere with the same. The Hon'ble Supreme Court in Babhutmal Raichand Oswal Vs. Laxmibai R. Tarte – AIR 1975 SC 1297, held that the High Court cannot, while exercising jurisdiction under Article 227, interfere with finding of fact recorded by the subordinate court or tribunal. It's function is limited to seeing that the subordinate court or tribunal functions within the limits of its authority. It cannot correct mere errors of fact by examining the evidence and re-appreciating it. The Hon'ble Supreme Court in Mohd. Yunus Vs. Mohd. Mustaqim – AIR 1984 SC 38 , held that in exercising the supervisory power under Article 227, the High Court does not act as an Appellate Court or Tribunal. In view of the above, there is no merit in this writ petition and the same is accordignly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//