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SANJAY KUMAR MEDHI
Prafulla Sarma, S/o Late Mahendra Nath Sarma – Appellant
Versus
Dibakar Nath, S/o Late Bhelua Nath – Respondent
JUDGMENT :
1. Heard Shri R. Sarma, learned counsel for the petitioner, who has filed this petition under Article 227 of the Constitution of India read with Section 115 of the CPC.
2. The grievance of the petitioner is against a judgment and order dated 08.05.2023 passed in Misc. Appeal No. 05/2017 by the learned Civil Judge, Kamrup whereby the appeal filed under Order XLIII Rule 1(r) of the CPC has been dismissed and the order of the learned Trial Court passed in the injunction application has been affirmed.
3. The facts projected is that the petitioner, as plaintiff had instituted Title Suit No. 90/2015 before the learned Court of the Munsiff, Kamrup for declaration of right, title and interest, confirmation of possession and specific performance. Along with the said Suit, Misc. (J) Case No. 95/2015 under Order 39 Rule 1& 2 of the C.P.C. was filed for injunction. Though initially, and ad interim injunction in the form of status quo was passed, vide the order dated 11.08.2016, the said application has been rejected and the order of status quo has been vacated and against such rejection, the appeal was preferred before the learned Civil Judge, Kamrup which was registered as Misc Appe
An appellate court should be circumspect in exercising jurisdiction in matters concerning grant / non -grant of injunction and such orders are to be interfered only when there is patent error or perv....
The power of superintendence under Article 227 of the Constitution of India is to be exercised sparingly and only in appropriate cases where there is a gross failure of justice or grave injustice. Th....
The main legal point established in the judgment is that a revision under Article 227 of the Constitution of India may not be maintainable if the petitioner has an alternative remedy of filing an app....
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
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