The present appeal under Order 43 Rule 1(r) CPC has been preferred against the impugned order dated 6.12.2010 passed by Civil Judge ( Senior Division), Lucknow in regular suit 587 of 2010, Amir Alam Khan Vs. Lucknow Development Authority and another.

2. While assailing the impugned order, it has been submitted by Sri Mohd.Arif Khan, learned Senior Counsel that the Civil Judge has recorded a detailed finding on merit with regard to controversy and left nothing for adjudication. Sri Prashant Chandra, learned Senior Counsel for respondent submits that only factual narration has been given and there is no finding on merit with regard to controversy in question.

3. After hearing the learned counsel for parties at length, we are of the view that no finding on merit could have been recorded by the Civil Judge. It is the settled preposition of law that for grant or refusal of injunction, the court has to look into prima facie case, balance of convenience, irreparable loss and injury. While adjudicating the similar controversy with regard to right of courts for grant of injunction, after considering the various pronouncement of the Supreme Court in the