Back
SHAMPA SARKAR
Sarbeswar Jana – Appellant
Versus
Kanailal Jana – Respondent
| Table of Content |
|---|
| 1. overview of the case and orders. (Para 1 , 2 , 3) |
| 2. arguments against implementation of orders. (Para 4 , 10 , 13) |
| 3. fact summary of plaintiffs' claims. (Para 5) |
| 4. court's observations on injunction orders. (Para 6 , 7 , 8 , 9 , 11 , 12) |
| 5. final directives and court’s conclusions. (Para 15 , 16) |
JUDGMENT :
Shampa Sarkar, J. - Both the revisional applications arise out of the orders passed in Title Suit No.38 of 2021 disposing of two applications filed by the plaintiffs/petitioners in CO 658 of 2023. One such application was for an order directing the removal of the bamboo fencing from the northern and southern edge of 'Ka Schedule property and the second application was for implementation of the said order. The first application was allowed and the second application was rejected.
2. The petitioners in CO 3254 of 2022 are some of the defendants and they have assailed the order passed by the learned Civil Judge Junior Division First Court at Contai, dated September 16, 2022, by which the defendant nos.3, 8, 9, 10 and 11 were directed to remove the obstructions created by the bamboo fencing which had been erected on the northern and southern edge of the Ka Schedule pr
A temporary injunction cannot be granted without discussing essential principles, and a property owner cannot be restrained from using their property without a strong prima facie case.
The court reiterates that interim mandatory injunctions cannot be granted when the same relief is sought in the main suit without leading compelling evidence.
An ad interim injunction order cannot be enforced with police assistance unless the parties' rights have been unambiguously determined at an interlocutory stage.
Temporary injunction – Party approaching Court is not entitled to order of injunction as a matter of right – Grant of interim injunction/permanent injunction is discretionary in nature.
The court upheld the trial court's decision to grant a mandatory injunction, emphasizing the necessity of a strong prima facie case and the balance of convenience favoring the applicant.
Interim orders do not determine property rights; such matters are reserved for trial.
The court emphasized the necessity of enforcing interim orders and provided guidance on using police assistance for compliance in cases of ongoing violations.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
