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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Asha Jain – Appellant
Versus
Sajjan Pasari – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. Through this appeal, the Appellant herein assails the correctness of the Judgment dated 14.05.2025, passed by the learned Single Judge in two applications being I.A. No. 6201/2022 and I.A. No. 9027/2023filed in CS(OS) 225/2022, titled as Asha Jain vs. Sajjan Pasari and Anr. , wherein the ex parte ad-interim Order dated 01.08.2022 directing the Respondents/Defendants to maintain status quo with regards to title of all the properties listed in Schedule A of the plaint, was vacated.
2. On 21.04.2022, as alleged by the learned Senior Counsel for the Respondents, the Plaintiff/Appellant herein filed a suit for partition against the Respondents, asserting her claim as a co-sharer in the properties left behind by her deceased father, late Shri Banwari Lal Pasari, who passed away on 22.05.1999.
3. It is claimed that late Shri Banwari Lal Pasari was survived by two daughters, namely, Asha/Appellant and Sarita/Respondent No. 2 and a foster son, namely, Sajjan Pasari/Respondent No. 1.
4. At the outset, the learned counsel appearing for the Appellant submitted that this Court has territorial jurisdiction to entertain the suit as one of the suit properties is locate
Appellant failed to demonstrate a prima facie case, balance of convenience, or irreparable loss for maintaining an interim injunction concerning inherited property, leading to the dismissal of her ap....
An injunction in a partition suit is not maintainable without including all co-sharers who have transferred their shares.
Judicial discretion under Section 15 of the Hindu Succession Act allows for modifications in claims to ensure justice while considering evolving case needs and preventing multiplicity of litigation.
Court affirmed that in interlocutory applications for injunction, plaintiffs must demonstrate a prima facie case and balance of convenience, reinforcing the discretion of trial courts in such matters....
To obtain an interim injunction, a party must demonstrate a prima facie case, irreparable injury, and balance of convenience favoring the injunction.
A party cannot claim an injunction against the real owner of property, and the classification of property as ancestral or self-acquired must await trial.
The main legal point established in the judgment is the need to establish a prima facie case, balance of convenience, and irreparable loss and injury when considering the grant of interim relief thro....
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 injunctions require a prima facie case, balance of convenience, and irreparable injury, ensuring parties' rights are preserved during litigation.
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