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SUNIL DUTTA MISHRA
Ravi Poddar – Appellant
Versus
Mitra Mandal Sangathan – Respondent
Sunil Dutta Mishra, J. – Heard learned counsel for the parties.
2. This Miscellaneous Appeal has been filed for setting aside the order dated 04.10.2021 passed in the Title Suit No. 625 of 2019 by the learned Additional Sub-Judge- 1, Saran at Chapra, whereby the petition filed under Section 94 read with Order 39 Rule 1 and 2 CPC by the plaintiff/ appellant for grant of temporary injunction to restrain the defendants / respondents from transferring suit property has been rejected.
3. The appellant is the plaintiff in the suit and defendant - respondent No. 1, namely, M/s Mitra Mandal Sangathan is an Association of person (AOP) formed for the purpose of purchase and sale of land and it has to act through its president. The defendant / respondent Nos. 2 to 8 are its founder members. Members of defendant No. 1 appointed defendant - respondent No. 2 as its President. On reference made by BIFR for winding up sick company, namely, M/s Saran Engineering Company Ltd., Mis. Company Application No. 06 / 1995 was registered by Allahabad High Court and the company Judge appointed official liquidator who directed for its auction sale of immovable and movable properties. Defendant No. 1, M/s Mitra
The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
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 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....
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.
Section 52 of Transfer of Property Act, 1982, the rights of the appellants in the suit for Specific Performance against the Immovable property is protected under Section 52 of Transfer of Property Ac....
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....
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