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SHAMPA DUTT (PAUL)
Umapada Bandopadhyay – Appellant
Versus
Gouri Shankar Mahato – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The Appeal has been preferred against Order No. 2 dated 12.12.2011 passed by the Learned Civil Judge Senior Division in Charge, at Asansol in Title Suit No. 169 of 2011 (Umapada Bandyopadhyay –Versus- Gouri Shankar Mahato & Ors.)
2. The said order under appeal in a suit for partition is as follow :
Order No. 2 dated 12/12/2011
Ld. Advocate for the plaintiff moved the petition. U/O 39 R.1 and 2 dated. 03.12.2011. Ld. Advocate for the plaintiff also prayed for an ad-interim order of injunction.
Perused the documents.
It is admitted that plaintiff has purchased an undivided share of the property which is not demarcated yet from the joint owner of the property. Considered the prima facia case. Considered the balance of convenience and inconvenience. Considered the chances of irreparable injury.
Hence Ordered,
Issue notice upon the defendant no.1 to 8 to show cause within 7 days from the date of receipt of the notice as to why the plaintiff’s petition for temporary injunction shall not be allowed.
Requisite at once.
Fix 13/01/2012 for return of notice.
I have not found any extra ordinary urgency to pass any ad-interim order. So, the pr
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....
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.
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
To obtain an interim injunction, a party must demonstrate a prima facie case, irreparable injury, and balance of convenience favoring the injunction.
Court could not have come into finding that there was a balance of convenience in not granting an injunction.
A plaintiff with clear title and possession can seek an injunction against interference, even in the face of disputed title, provided they substantiate their claims with appropriate evidence.
(1) Injunction – Such three ingredients are not only to exist but must co-exist – Prima facie case is not to be confused with prima facie title, which requires to be established on evidence at trial.....
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