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ARUN KUMAR JHA
Madheshwar Yadav – Appellant
Versus
Sunil Kumar – Respondent
Arun Kumar Jha, J.—Heard learned senior counsel for the petitioners and learned counsel for the respondents.
2. The matter has been taken up for hearing for the first time on mentioning being made on behalf of the petitioners and with the consent of the parties, I intend to dispose of the petition at this stage itself.
3. The instant petition is directed against the order dated 19.12.2022 passed by learned District Judge, Gaya in Misc. Appeal No. 13 of 2022, whereby and whereunder the learned District Judge, Gaya has rejected the Misc. Appeal and confirmed the order dated 20.07.2022 passed by learned Sub Judge-II, Gaya in Title Suit No. 155 of 2021/96 of 2021 filed under Order XXXIX, Rule 1 and Rule 2 of the Code of Civil Procedure, whereby and whereunder the learned Sub Judge-II, Gaya has rejected the ad-interim injunction petition filed by the petitioners/plaintiffs.
4. Briefly stated, the case of the petitioners as it appears from the record is that the petitioners are the plaintiffs before the learned trial court and defendant nos. 1 and 2 and respondent nos. 1 and 2, respectively. The petitioners purchased parts of two plots of land. A portion of R.S. Plot No. 90, Khata No. 141 h
Court could not have come into finding that there was a balance of convenience in not granting an injunction.
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 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 legal point established in the judgment is that a party cannot retrospectively undo a legal status created by a predecessor, and a valid explanation for inaction over a long period is required.
The courts ruled that discrepancies in agreements and the existence of a registered sale-deed established the defendants as rightful owners, negating the petitioner's claim for a temporary injunction....
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