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SHAILENDRA SINGH
Saumitra Singh – Appellant
Versus
Hare Ram Singh – Respondent
ORDER
Re : I.A. No. 1 of 2022
The present interlocutory application has been filed on behalf of the appellants praying for passing an order of status quo by way of ad-interim injunction for restraining the respondents from alienating and encumbering the suit property and also from changing the physical feature of the suit property during the pendency of the present appeal.
2. Mr. J.S. Arora, learned senior counsel appearing for the appellants/plaintiffs submits that the appellants filed a Title Suit bearing No. 427 of 2018 for declaration of right, title and interest over the suit land as detailed in Schedule-I of the plaint as well as challenged six deeds of sale, admittedly, executed by defendants 2nd set in favour of the defendants 1st set by declaring the same to be null and void. The defendants/respondents not only sold out the lands in question prior to the institution of the suit but during the pendency of the suit, also sold certain properties concerned to the suit land and as such, a petition under Order 39, Rules 1 and 2 of the Code of Civil Procedure for grant of ad-interim injunction and passing an order of status quo in regard to the suit property was filed before the lea
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.
The main legal point established is the need to satisfy the court with reference to three cardinal principles for the grant of injunctive relief: prima facie case, balance of convenience, and irrepar....
Equitable relief of interim injunction cannot be granted without showing prima facie case.
An injunction cannot be granted without a substantive challenge to the title or rights of the parties, and the principles of balance of convenience and irreparable harm must be considered.
Temporary injunction – Party approaching Court is not entitled to order of injunction as a matter of right – Grant of interim injunction/permanent injunction is discretionary in nature.
Point of law: Validity of, and effect of S. 52 – Doctrine of lis pendens is based on ground that it is necessary for administration of justice that decision of a court in a suit should be binding not....
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