SANDEEP N. BHATT
Hirenkumar Valjibhai Bhagat (Patel) – Appellant
Versus
Adani Green Energy (M. P. ) Limited – Respondent
Trial Court Injunction: The trial court granted interim injunction to petitioners under Order XXXIX Rules 1 and 2 CPC, finding prima facie case, balance of convenience in their favor, and unauthorized erection of windmill on their land (Survey No. 148 paiki 1) despite allocation to respondent for Survey No. 147. (!) (!)
Appellate Court Order: The District Court quashed the injunction via Misc. Civil Appeal No. 42/2023 under Order XLIII Rule 1 CPC, holding petitioners failed to establish prima facie case, irreparable injury, or balance of convenience; noted windmill erected in 2021 before petitioners' 2022 purchase, overlapping surveys per DILR report, and no fault by parties but technical issues; applied Sections 20A and 41(ha) Specific Relief Act to bar injunction impeding infrastructure (energy project); directed Rs.15 lakhs deposit and expedited suit. (!) (!) (!) (!)
High Court Analysis and Dismissal: Under Article 227 Constitution, High Court upheld quashing, reiterating no prima facie case without compelling evidence, need for irreparable harm and favorable balance of convenience; emphasized Sections 20A, 41(ha) Specific Relief Act prohibit injunctions delaying infrastructure; found petitioners bought land post-erection with knowledge, disputes factual requiring trial; no interference warranted as appellate court balanced equities. (!) (!) (!) (!) (!) (!)
Overall Ratio on Injunction: Petitioners failed to prove prima facie case or irreparable harm; property rights under Article 300A balanced against public interest in infrastructure, favoring no interim relief.[judgement_subject] (!)
JUDGMENT :
1. The present petition is filed by the petitioner – original plaintiffs by challenging the impugned order dated 29.02.2024 passed in Misc. Civil Application No.42 of 2023 by the Court of learned Principal District Judge, Kachchh, Bhuj, whereby the order of granting interim injunction, by allowing the application below Exh.5 in Regular Civil Suit No.21 of 2023 vide order dated 21.04.2023 passed of the Court of learned Principal Senior Civil Judge, Nakhatrana, was quashed and set aside by partly allowing the said application.
2. Brief facts of the case as per the case of the petitioners in this petition are as such that the present petitioners are the registered sale deed purchasers of the land bearing revenue survey No. 148 paiki 1 He-1-21-41 Sqr. Mtrs. of Mouje village Aamara, Taluka: Nakhatrana, District: Kutch (hereinafter referred as "the land in question" for short) and they have purchased the land in question by of registered sale deed being its index No. 39 of 2022 dated 07.01.2022, registered with the office of the Sub- Registrar, Nakhatrana. It is also the case of the present petitioners that the mutation entry recording the aforesaid registered sale transaction w
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