CMA-298/09-Shri Jeta Ram Vs. Shri Jeevraj & Ors. Judgment dt.20.7.09 1/2 S.B. CIVIL MISC. APPEAL NO.298/2009 Shri Jeta Ram Vs. Shri Jeevraj & Ors. Date of order : 20th July, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. J.R. Beniwal for Mr. B.L. Choudhary for the appellant. ------- 1. This writ petition is directed against the order dated 12.2.2007 whereby the learned trial court rejected the application of the plaintiff under Order 39 Rule 1 and 2 C.P.C. 2. The learned trial court has found that the suit in question was filed for cancellation of power of attorney and the sale deed executed by the said power of attorney. The learned trial court has found that there is no prima facie case in favour of the present plaintiff as the power of attorney was duly executed and while the sale deed was executed in favour of the defendant for consideration the power of attorney holder was also expected to hand over the possession of the land in question to the defendant and, therefore, since they were bonafide purchaser for consideration, the plaintiff CMA-298/09-Shri Jeta Ram Vs. Shri Jeevraj & Ors. Judgment dt.20.7.09 2/2 was not entitled to any temporary injunction in the said suit. 3. Having perused the impugned order and the reasoning given therein this Court is satisfied that no case is made out for interference in the said order in the present appeal. 4. The appeal is found to be devoid of merit. The same is accordingly dismissed. Copy of this judgment be sent to opposite party as well as learned trial court. [ DR. VINEET KOTHARI ], J. item No.26 babulal/