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PARTHA SARATHI SEN
Nijamuddin – Appellant
Versus
Sukuru Md. – Respondent
JUDGMENT :
PARTHA SARATHI SEN, J.:
1. In this revisional application as filed under Article 227 of the Constitution of India the judgment and order dated September 26, 2024 as passed by learned District Judge, Jalpaiguri in Misc. Appeal No. 57 of 2022 is impugned.
2. By the impugned order the First Appellate Court while dismissing the said appeal affirmed the order of status quo as passed by the learned Trial Court in Title Suit No. 483 of 2022.
3. The plaintiff who is the petitioner before this Court felt aggrieved and thus preferred the instant revisional application.
4. For effective adjudication of the instant revisional application the facts leading to filing of the instant revisional application are required to be dealt with in a nutshell and those are as under:
Status quo orders in property disputes must be based on clear findings of possession; courts must protect property rights during litigation.
The possession of the respondents in the suit property is recorded in the revenue record and the court found no manifest error in the findings of the trial and appellate courts.
The court upheld the requirement for establishing a prima facie case, balance of convenience, and irreparable loss for granting temporary injunctions, emphasizing that trial courts should not decide ....
Injunction - Once possession is lawful, suit for injunction simpliciter is maintainable, same cannot be thrown away at threshold in exercise of powers under provisions of Order VII Rule 11(d) of Code....
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 status quo regarding property pending adjudication, emphasizing protection against dispossession.
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