D.B. SPECIAL APPEAL (WRIT) NO.1362/2008 Ganga Ram @ Gangu & Ors. Vs. Jagannath & Ors. Date of Judgment :: September 12, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Keshav Agarwal for the appellants. *** Heard learned counsel for the appellants. This appeal is directed against order dated 18.3.2008 passed by the learned Single Judge of this Court in its jurisdiction dismissing the writ application. It appears that order dated 3.7.2002 whereby and whereunder temporary and mandatory injunction orders were passed restraining the defendants-writ petitioners from raising any construction towards the common wall of both the parties, was challenged by the defendants-writ petitioners before this Court. The learned Single Judge of this Court having considered the fact that order dated 3.7.2002 passed by the court below restraining the defendants from making fresh construction since was affirmed by the appellate court, the High Court in exercise of its power under Article 227 of the Constitution need not interfere with the same. Learned counsel submitted that the courts below have not considered the case of the defendants in correct perspective. -2- It is undisputed that injunction order passed by the court below was affirmed in appeal and the defendants-writ petitioners were restrained from making any further construction. In view of concurrent findings of fact recorded by the two courts below, the learned Single Judge of this Court was fully justified in dismissing the writ application saying that extraordinary jurisdiction under Article 227 should not be exercised precisely in view of the case of Sadhana Lodh Vs. National Insurance Company Ltd. & Anr., (2003) 3 SCC 524. Regard being had to the facts and circumstances of the case, therefore, at this juncture, it would not be appropriate to interfere with the order impugned. This appeal accordingly is dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-