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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
PRAFULLA S.KHUBALKAR
Amol, S/o. Dhanraj Kohale – Appellant
Versus
Pandurang, S/o. Manikrao Nikam – Respondent
| Table of Content |
|---|
| 1. petition challenges appellate reversal of trial court's injunction rejection. (Para 2 , 3) |
| 2. petitioner argues no prima facie case; irreparable loss to defendant. (Para 4 , 5 , 6) |
| 3. respondent claims easement by grant via sale deed recital. (Para 7 , 8 , 9) |
| 4. recital grants bullock cart way; commissioner's report noted. (Para 10 , 11 , 12 , 13) |
| 5. temporary injunction requires prima facie case, balance, irreparable injury. (Para 14 , 15) |
| 6. easement by grant contractual, not extinguished like necessity. (Para 16 , 17) |
| 7. sale deed recital creates prima facie easement by grant. (Para 18) |
| 8. appellate court may correct trial errors in discretion. (Para 19 , 20 , 22 , 23) |
| 9. balance favors plaintiff; compensate defendant for trees. (Para 21 , 24) |
| 10. maintain injunction with compensation and path clarification. (Para 25 , 26 , 27) |
JUDGMENT :
PRAFULLA S. KHUBALKAR, J.
1. Heard. RULE. Rule is made returnable forthwith. Learned counsel for the petitioner as well as learned counsel for the respondent have advanced elaborate arguments and the matter was heard extensively at the stage of final disposal.
2. By this petition, the petitioner / original defendant has raised a challenge
Sale deed recital prima facie creates easement by grant for bullock cart way, entitling temporary injunction subject to compensation for tree removal, balancing equities; appellate court may reverse ....
The court emphasized that granting a temporary injunction requires clear evidence of a prima facie case, balance of convenience, and irreparable injury, which were inadequately established by the pla....
Establishment of easement rights requires explicit documentation, and mere permissive rights do not confer legal easements; plaintiffs failed to prove their claim.
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 plaintiff, having established easementary right, was entitled to consequential relief of permanent injunction to prevent a multiplicity of judicial proceedings.
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 can seek a temporary injunction to protect an easementary right even if a formal declaration of that right has not been made, provided they can demonstrate a prima facie case and the abse....
Establishing easementary rights necessitates granting a permanent injunction to prevent multiplicity of proceedings.
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