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RAVI NATH TILHARI, NYAPATHY VIJAY
Sheik Dada Miah s/o late Sheik Jabbar Miah – Appellant
Versus
S. Ziyaur Rahiman S/o S. Ahamed Hussain – Respondent
JUDGMENT :
Ravi Nath Tilhari, J.
Heard Sri Virupaksha Dattatreya Gowda, learned counsel representing Sri Vivekananda Virupaksha, learned counsel for the appellants and Sri K.Narsireddy, learned counsel for respondents.
2. This appeal under Section 104 r/w Order 43 Rule 1 of the Code of Civil Procedure (for short ‘the C.P.C’) has been filed by the appellants/defendants, challenging the order dated 02.11.2022 passed by the learned IV Additional District Judge, Kurnool in O.S.No.70 of 2021 filed by the respondents/plaintiffs, in I.A.No.154 of 2021, granting temporary injunction.
3. The respondents filed O.S.No.70 of 2021 for specific performance of agreement of sale dated 24.12.2018 as also for permanent injunction. They filed I.A. for grant of temporary injunction.
4. There was another suit, in O.S.No.63 of 1999 with respect to the subject matter of the agreement of sale pending in the court of the Principal Junior Civil Judge, Kurnool, for partition between the parties thereto which included the defendant of O.S.No.70 of 2021.
5. As per the plaintiffs’ case, the defendants are the absolute owners of the plaint schedule property to an extent of Ac.1.35 cents in Sy.No.371/3D of Kallur Villa
To obtain a temporary injunction, a plaintiff must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm, without conducting a mini trial.
A plaintiff's delay in filing a suit impacts the entitlement to injunction and specific performance, as timely prosecution and adherence to evidential requirements are essential for equitable relief.
The main legal point established is the application of principles for granting interim injunctions, the interpretation of time as the essence of a contract, and the significance of fulfilling recipro....
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
The court upheld the grant of a temporary injunction, emphasizing the necessity of establishing a prima facie case, balance of convenience, and irreparable injury in property disputes.
A petitioner can be granted temporary injunction to prevent the alienation of property during the pendency of a suit for specific performance while establishing possession under a registered agreemen....
In contracts for the sale of immovable property, time is generally not of the essence unless explicitly stated, and parties must demonstrate readiness and willingness to perform their obligations.
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