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ARUN KUMAR JHA
State of Bihar – Appellant
Versus
Lal Babu Prasad – Respondent
Arun Kumar Jha, J.—The instant petition has been filed under Article 227 of the Constitution of India for quashing the order dated 05.01.2023 passed in Misc. Appeal No. 16 of 2022 by the learned District Judge, Siwan whereby and whereunder the learned District Judge, Siwan set aside the order dated 01.09.2020 passed by the learned Sub Judge, XIII, Siwan in Title Suit No. 687 of 2011 and passed an order for maintaining status quo till disposal of Title Suit No. 687 of 2011.
2. Briefly stated, facts of the case are that the plaintiffs/appellants/respondents 1st set filed Title Suit No. 687 of 2011 for declaration of their title and for restraining the defendants from dispossessing them from the suit land with further prayer to restrain the defendants from changing the physical feature of the land. Petitioners are defendants before the learned trial court and respondents before the learned appellate court. The plaintiffs claimed that the suit land is a Gairmajarua Malik and Noor Mohamad and Noorul Ain were the ex-landlords settled the entire land of Survey Plot Nos. 175 and 176 under Khata No. 363 in favour of one Azimuddin Mian and handed over the possession on payment of rent before
The court clarified that a prima facie case requires a fair question giving rise to a triable issue, warranting injunction to prevent property alienation during litigation.
The court established that for a temporary injunction, a prima facie case, irreparable loss, and balance of convenience must all be satisfied.
The main legal point established in the judgment is the need to address conflicting claims based on C.S. record of right and R.S. record of right, and to ensure expeditious disposal of the suit.
Merely having prima-facie case would not entitle an applicant to an injunction. The applicant has to satisfy all the three ingredients.
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