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ARUN KUMAR JHA
Govind Prasad Rajgarhia – Appellant
Versus
Madhu Devi – Respondent
Arun Kumar Jha, J. – The present petition has been filed for quashing the order dated 25.04.2019 by learned Additional District and Sessions Judge-VII, Bettiah, East Champaran in M.A. No. 10 of 2018 whereby and whereunder the learned Appellate Court has set aside the order dated 19.04.2018 passed by learned Sub Judge-I, Bettiah in Title Suit No. 13 of 2018, restraining both the sides from alienating any part of suit property till pendency of the suit.
2. Briefly stated facts of the case are that petitioner and respondent no. 2 are plaintiffs before the learned trial court and the respondents are defendants. The plaintiffs filed Title Suit No. 13 of 2018 before the learned Sub Judge-I, Bettiah for declaration of title and confirmation of possession with further prayer for grant of permanent injunction and other ancillary reliefs. In year 1982, father of the original defendant filed a Partition Suit bearing no. 31 of 1982 before the learned Sub Judge, Bettiah. It appears a compromise took place between the parties and Panchanama was prepared on 24.04.1990. The plaintiffs claim right and title over Schedule-2 property of the plaint which have been allotted to the plaintiffs in terms of
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 upheld the 1st Appellate Court's grant of temporary injunction to protect the plaintiff's possession of the property pending adjudication, affirming that appellate courts focus on preservin....
An injunction can be granted under Order 39 Rules 1 and 2 CPC to protect property rights during litigation, even with the existence of Section 52 of the Transfer of Property Act, provided legal crite....
Injunction – Court in exercise of power of granting ad interim injunction has to preserve subject matter of suit by status quo for the time being – If any alienation is made, it would be subject to d....
Pont of Law: The discretion of the Court is exercised to grant a temporary injunction only when the following requirements are made out by the plaintiff: (i) existence of a prima-facie case as pleade....
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
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