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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, MADHURESH PRASAD
Sanat Kumar Kundu – Appellant
Versus
Dilip Kundu (Chitta) – Respondent
JUDGMENT :
Harish Tandon, J.
1. The instant appeal arises from an Order no. 31 dated 08.10.2020 passed by the learned Civil Judge, Senior Division, Jhargram in Title Suit no. 76 of 2018 by which an application under Section 151 of the Code of Civil Procedure seeking a mandatory injunction is postponed on the premise that the relief of mandatory injunction is in final form and, therefore, cannot be granted at the inter-locutory stage and directed the said application to be taken up at the time of final hearing of the said suit.
2. The plaintiff-appellant filed a suit for partition and separation of shares in respect of a joint property in which an application for temporary injunction was filed which was disposed of on 07.02.2019 on consent directing the status quo to be maintained till the disposal of the suit. An application for appointment of Advocate-Commissioner was taken out alleging that despite the order of status quo subsisting in the said suit, the Respondent no. 1 is constructing two rooms on the courtyard. The resistance was offered in this regard but he did not pay any heed to the same. The Trial Court allowed the said application vide order no. 9 dated 22.07.2019 appointin
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.
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.
The main legal point established in the judgment is that the power to restore the status quo ante through interim mandatory injunction can only be exercised in a suit brought for a decree of mandator....
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
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.
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