IN THE HIGH COURT OF GAUHATI, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
ROBIN PHUKAN, J.
Dinesh Mepola, Son of Late Dino Mepola – Petitioner
Versus
Otel Perme, Son of Late Kommik Perme – Respondent
FAO No.4 Of 2022
Decided On : 14-07-2022
Civil Procedure Code, 1908 – Order XXXIX Rule 4 – Section 79 – Granting of temporary injunction – Appeal is directed against interim order, passed by learned District Judge, Pasighat in PSG IA directing Deputy Commissioner, restrain from disbursing compensation amount relating to assets and disputed land and also against order, passed by learned Civil Judge (Sr. Division), East Siang District, Pasighat in I.A. & I.A. directing parties to maintain Statusquo – Held, Court below has failed to consider three golden principle governing granting of temporary injunction, i.e. prima facie case and balance of convenience and irreparable loss while passing impugned orders – In view of above, impugned order passed by learned Civil Judge (Sr. Division), East Siang District, and impugned order, passed by learned District Judge, East Siang District, Pasighat in I.A. fails to withstand legal scrutiny – Ordered Accordingly.
JUDGMENT :
1. Heard Mr. L. Bam, learned counsel for the appellant and also heard Mr. V. Jamoh, learned counsel for the respondents.
2. This appeal is directed against the interim order, dated 12.07.2019, passed by the learned District Judge, Pasighat in PSG IA No. 33/19 directing the Deputy Commissioner, Pasighat to restrain from disbursing the compensation amount relating to the assets and the disputed land and also against the order, dated 27.02.2020 passed by the learned Civil Judge (Sr. Division), East Siang District, Pasighat in I.A. No. 01/2020 & I.A. No.33/2020 directing the parties to maintain Statusquo.
3. The factual background leading to filing of the present appeal is briefly stated as under:-
Not affording an opportunity to rebut claims of parties by allowing them to lead evidence either oral or documentary shall negate very foundation requirements of not only provisions but also lead to ....
A Civil Court may issue interim orders restraining the disbursement of land acquisition compensation when the property's title depends on a document currently under judicial challenge in a pending su....
The court emphasized the necessity of maintaining status quo in property disputes until final resolution, reinforcing prior judicial orders.
The court ruled that the learned District Judge exceeded its jurisdiction by setting aside a village authority's decision and allowing a fresh plaint, which constituted a new suit.
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