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BISWAROOP CHOWDHURY
Suraj Singh – Appellant
Versus
Manoj Kumar Gupta – Respondent
JUDGMENT :
Biswaroop Chowdhury, J:
The petitioner before this Court is a plaintiff in a Suit for declaration cancellation of document and permanent injunction and is aggrieved by the Order dated 04-09-2023 passed by the Learned District Judge at Howrah in Misc Appeal No. 145 of 2023 arising out of Title Suit No. 433 of 2023 pending before Learned Civil Judge Senior Division 2nd Court at Howrah. By Order dated 04-09-2023, Learned District Judge rejected the prayer for ad-interim injunction made by the plaintiff/petitioner.
The case of the petitioner/plaintiff in the application under Order 39 Rule-1 and 2 of the Code of Civil Procedure before Learned 2nd Civil Judge Senior Division at Howrah in Title Suit No-433 of 2023 may be summed up thus.
2. The facts stated by the plaintiff in the plaint are as follows:-
a) The subject matter of the suit is all that piece and parcel of makorari mourasi bastu land measuring about 8 katha 5 chittak 19 sq ft. along with G+8 storied building which is standing thereon comprised in and situated at 5/1 Rose Merry Lane Police Station-Go
A plaintiff alleging fraud must establish a prima facie case, balance of convenience, and potential irreparable harm to obtain an ad-interim injunction under the Code of Civil Procedure.
A temporary injunction requires a prima facie case, balance of convenience, and irreparable loss; failure on any component leads to dismissal.
Section 52 of Transfer of Property Act, 1982, the rights of the appellants in the suit for Specific Performance against the Immovable property is protected under Section 52 of Transfer of Property Ac....
The court clarified that to obtain a temporary injunction, a party must demonstrate irreparable harm, a favorable balance of convenience, and a prima facie case even without physical possession.
To obtain a temporary injunction, a plaintiff must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm, without conducting a mini trial.
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse.
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.
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