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SANJAY KUMAR MEDHI
Purnima Malakar W/o Lt. Govinda Malakar – Appellant
Versus
Rita Malakar – Respondent
JUDGMENT :
Heard Shri B. D. Deka, learned counsel for the petitioners. Also heard Shri G. Choudhury, learned counsel for the respondent.
2. Considering the facts and circumstances of the case and since the contesting parties are represented, this Court is of the view that instead of keeping this petition pending, the same is required to be disposed of which is being done today.
3. The petitioners are the plaintiffs in the suit which has been filed for declaration of right, title, interest and partition.
4. It is the case of the petitioners, as submitted by Shri Deka, learned counsel that along with the suit numbered as Title Suit No. 28/2021, Misc (J) Case No. 28/2021 was filed under Order XXXIX Rule 1 & 2 of CPC for injunction and on 01.03.2021, the learned Munsiff, Amingaon, Kamrup had passed of an order of ad-interim injunction. The matter was thereafter taken up for consideration and after hearing the parties on 22.03.2022, the learned Trial Court had passed an order confirming the injunction and has directed the defendants not to change the nature of the schedule property till the disposal of the suit or until further orders. The said order of injunction dated 22.03.2022 was the s
The Appellate Court should not interfere with the trial court's exercise of discretion in granting or refusing interlocutory injunctions unless the discretion has been exercised arbitrarily, capricio....
The court upheld the 1st Appellate Court's grant of temporary injunction to protect the plaintiff's possession of the property pending adjudication, affirming that appellate courts focus on preservin....
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse, emphasizing the need for careful scrutiny of such orders.
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse.
The court emphasized maintaining status quo in property disputes during the pendency of litigation to prevent multiplicity of proceedings.
A party seeking a temporary injunction must establish a prima facie case, balance of convenience, and approach the court with clean hands; lack of evidence or lawful possession can lead to dismissal ....
The appellate court emphasized that the trial court's dismissal of the injunction application was unreasonable, highlighting the necessity of establishing a prima facie case and balance of convenienc....
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