Anil Kumar,J.: -

Heard Sri Gur Deo Saran, learned counsel for petitioner, Sri Gurfan Hasan, Advocate holding brief of Sri Manish Kumar, learned counsel for respondent and perused the record.

2. Initially, the petitioner field a suit for permanent injunction, registered as Civil Suit No. 368 of 2013 (Ram Surat Vs. Ram Sunder and others) in the court of Civil Judge (J Div.), Gonda in which an application for grant of temporary injunction has been moved and after hearing the plaintiff and defendant by means of order dated 24.07.2013, the trial court rejected the petitioner's application for grant of temporary injunction. Aggrieved by the said fact, the petitioner filed an appeal before the appellate authority, registered as Civil Appeal No. 66 of 2013 (Ram Surat Vs. Ram Sunder and others), dismissed by order dated 08.11.2013. The said order is under challenge in the present writ petition.

3. Learned counsel for petitioner while challenging the impugned order submits that the court below has wrongly appreciated the case and did not consider the fact that balance of convenience exists in favour of the petitioner for of temporary injunction and further the lower court did not cons