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IN THE HIGH COURT OF JUDICATURE AT PATNA
Arun Kumar Jha
Prabhawati Devi, Wife of Sri Shambhu Sah – Appellant
Versus
Rajesh Prasad Sah, Son of Ramjee Prasad Sahn – Respondent
| Table of Content |
|---|
| 1. factual background of the property dispute. (Para 1 , 2 , 3) |
| 2. arguments regarding the validity of the injunction. (Para 4 , 5) |
| 3. court's reasoning on the injunction criteria. (Para 6 , 7) |
| 4. court's decision to allow injunction. (Para 8) |
| 5. conclusion of the judgment. (Para 9) |
Arun Kumar Jha, J.
The present petition has been filed under Article 227 of the Constitution of India for quashing the order dated 10.07.2015 passed by learned 1st Additional District Judge, Bettiah in Misc. Appeal No. 22 of 2012, affirming the order dated 15.05.2012 passed by learned Subordinate Judge-III, Bettiah in Title Suit No. 111 of 2010, whereby and whereunder the prayer of the plaintiffs/petitioners for grant of injunction on the suit land has been rejected.
2. The conspectus of the case, as it emerges from the record, is that the petitioners are plaintiffs, who have filed Title Suit No. 111 of 2010 in the court of learned Sub Judge, Bettiah, West Champaran seeking declaration of their title and confirmation of possession over the property mentioned in Schedule 6 of the plaint and alternative prayer has also been made that if the plaintiffs are dispossessed during the pendenc
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 main legal point established is the application of the principles of granting interlocutory injunction, emphasizing the need to protect the plaintiff against irreparable injury and injustice.
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....
The main legal point established in the judgment is that suits for injunction can be maintainable without seeking declaratory relief if the gift deed precedes the subsequent sale deed, and the plaint....
A plaintiff must establish a prima facie case for an injunction; without it, the balance of convenience and irreparable loss are irrelevant.
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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