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SHAMPA SARKAR
Satyajit Patra @ Satya Patra – Appellant
Versus
Babu Patra – Respondent
JUDGMENT :
1. The revisional application is directed against an order passed by the learned District Judge, Paschim Medinipur in Misc. Appeal No.21 of 2023. By the said order, the learned lower appellate court upheld the order of mandatory injunction passed by the learned Civil Judge (Junior Division), 3rd Court, Paschim Medinipur in Title Suit No.34 of 2017.
2. The petitioners are aggrieved because the learned appellate court failed to appreciate the factum of possession of the petitioners in the suit property and also the fact that an earlier application for restoration of possession was disposed of without any mandatory directions. The learned advocate for the petitioners submits that the subsequent order would be barred by the principles of res judicata.
3. The fact of the case in brief is that the plaintiff filed a suit for declaration, injunction and alternatively recovery of possession, in the court of learned Civil Judge (Junior Division), 3rd Court, Paschim Medinipur. Upon contested hearing, the application for temporary injunction was disposed of by restraining and prohibiting the defendants/ petitioners from interfering with the peaceful possession of the plaintiff in respe
The court established that inherent powers under Section 151 of the CPC can be exercised to restore possession when parties have been wrongfully dispossessed, irrespective of the formal dismissal of ....
Where possession of plaintiff-respondent is not satisfactorily proved, no gainful purpose would be served in remanding the mater for re-consideration only on account of procedural lapse committed by ....
The main legal point established in the judgment is that inherent powers of the court should supplement, not replace, remedies provided in the law. The court emphasized the need for immediate relief ....
Status quo orders in property disputes must be based on clear findings of possession; courts must protect property rights during litigation.
The main legal point established in the judgment is that the petitioner's application for restoration of possession should be decided prior to the enforcement of the Trial Court's directions, and the....
Post-decree dispossessions must be addressed under Order 21, Rule 32 of CPC, not Section 144, as the latter pertains to dispossessions pending suit.
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