The court held that the petitioners failed to establish a prima facie case for an interim injunction, emphasizing the balance between property rights and public interest in infrastructure projects.

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 was mutated in the revenue record by of a mutation entry No. 1653 dated 07.01.2022 and the same was objected by the present respondent No.1 company namely Adani green energy limited, however, by discarding the said objections, the competent authority was pleased to certify the same by way of order dated 05.03.2022. Since the respondent No.1 company and its office bearers/authorized persons have started further encroaching the land in question, which is undisputedly of the ownership of the present petitioners, the present petitioners have instituted Regular Civil Suit No. 21 of 2023 before the court of learned Principal Senior Civil Judge, Nakhatrana for declaration and permanent injunction along with an interim injunction application at Exhibit 5. It is further the case of the present petitioners that the original defendant No.1 i.e. the present opponent No. 1 defendant company had appeared and filed objections/return statement vide Exhibit 20 and the original defendant Nos.2 to 4 had also produced certain documentary evidence at Exhibit 23. It is stated that after hearing the learned advocates appearing for the respective parties, and after considering the fact that the present petitioners had proved the prima facie case and the balance of convenience is in favour of the present petitioners and by establishing the fact that the original defendant company and its office bearers have not only encroached upon the land in question of the present petitioners but have also erected the Windmill, unauthorizedly by change of location of the survey number of the present petitioner and started using the land in question unauthorizedly, the learned court of principal senior civil judge Nakhatrana vide order dated 21.04.2023. It is further the case of the petitoners in this petition that being aggrieved and dissatisfied with the aforesaid interim injunction granted by the learned trial court, the original defendant No. 1 namely Adani Green Energy Limited had challenge the same and filed Misc. Civil Appeal No.42 of 2023 along with an application for delay condonation, before learned District And Sessions Court, Kutch at Bhuj. It is further the case of the petitoners in this petition that the court of learned principal District Judge, Kutch at Bhuj allowed the same vide order dated 29.02.2024, whereby the learned District Court had passed the order by quashing and setting aside the interim injunction granted below Exhibit 5 vide order dated 21.04.2023 by court of learned principal senior civil judge, Nakhatrana in Regular Civil Suit No. 21 of 2023. Hence, this petition has been preferred.

3. Heard Mr. P.R. Abichandani, the learned counsel with Ms. Poonam Maheta, the learned counsel for the petitioners, Mr. Anshin H. Desai, the learned senior counsel with Mr. Shashva