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K. MANMADHA RAO
Sale Munshi Mohammad Ibrahim, S/o. Munshi Saley Mohammad Salt – Appellant
Versus
M. Abdul Latheef Sait, S/o. Adam Sait – Respondent
JUDGMENT :
Both the Civil ]Miscellaneous Appeals were filed by the appellants/defendants No.1,2 and 5 aggrieved by the order dated 31.12.2018 passed in I.A.No.445 of 2016 in O.S No.41 of 2016 on the file of VI Additional District & Sessions Judge, Markapur (for short “the Court below”).
2. Since the issue involved in the two appeals is one and the same, they are being disposed of by this common judgment.
3. For the sake of convenience, the parties will hereinafter be referred to as arrayed before the trial Court.
4. The impugned application in I.A No.445 of 2016 was filed by the plaintiffs/respondents No.1 and 2 herein before the Court below under Order 39 Rule 1 and 2 of Civil Procedure Code seeking to grant temporary injunction restraining the respondents from trespassing into the plaint schedule land, and interfere with the possession and enjoyment of the petitioners and also restrain the respondents from alienating the plaint schedule property. After careful examination of entire oral and documentary evidence, the trial Court has allowed the application and restrained the respondents and their men by way of temporary injunction from trespassing into the plaint schedule property. Th
The grant of temporary injunction is a discretionary remedy and must be based on a prima facie case, balance of convenience, and irreparable injury. The possession of the plaintiffs over the suit lan....
The court upheld the temporary injunction based on the partition deed and relevant material on record, finding no perversity or jurisdictional error in the appellate court's decision.
The main legal point established is that the trial court must consider the evidence of possession and purchase before granting a temporary injunction in property disputes.
Court affirmed that in interlocutory applications for injunction, plaintiffs must demonstrate a prima facie case and balance of convenience, reinforcing the discretion of trial courts in such matters....
The central legal point established in the judgment is the significance of prima-facie case, balance of convenience, and irreparable loss in the grant of temporary injunction.
The purpose of grant of temporary injunction is to prevent damage or wastage to any property in dispute in the suit.
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