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ARUN KUMAR JHA
Randhir Paswan @ Randhir Kumar – Appellant
Versus
Sangeeta Kumari – Respondent
Arun Kumar Jha, J. – Heard learned counsel for the petitioners and I intend to dispose of the present petition at the stage of admission itself.
2. Petitioners are aggrieved by the order dated 27.03.2023 passed by learned Additional District Judge-4th, Jamui in Misc. Appeal No. 06 of 2021 whereby and whereunder the learned 1st appellate court set aside the order dated 14.06.2021 passed by learned Sub Judge-II, Jamui in Title Partition Suit No. 174 of 2013 wherein the learned trial court directed the parties not to transfer the suit property or to change its physical feature during pendency of the suit.
3. Learned counsel for the petitioners submits that the impugned order has been passed without appreciation of facts and the order is perverse. The learned trial court has considered all the aspects of the matter and thereafter allowed the injunction application of the petitioners who are plaintiffs before the learned trial court. Learned counsel further submits that the endeavor of the court should be towards the protection of the property of the lis and considering this legal dictum in mind, the learned trial court passed the order but the same was not considered by the learned 1st a
An injunction in a partition suit is not maintainable without including all co-sharers who have transferred their shares.
The preservation of property through a temporary injunction is essential to prevent multiplicity of proceedings and protect the interests of parties during ongoing litigation.
Court affirmed that in interlocutory applications for injunction, plaintiffs must demonstrate a prima facie case and balance of convenience, reinforcing the discretion of trial courts in such matters....
Appellant failed to demonstrate a prima facie case, balance of convenience, or irreparable loss for maintaining an interim injunction concerning inherited property, leading to the dismissal of her ap....
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 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.
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