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DEVASHIS BARUAH
Mahammad Ali S/o Late Eman Ali – Appellant
Versus
Mojibar Rahman S/o Lt. Eman Ali – Respondent
JUDGMENT :
This is an application filed under Section 227 of the Constitution challenging the order dated 19.09.2023 passed in Misc. Appeal No.09/2022 whereby the learned First Appellate Court set aside the injunction so granted by the learned Trial Court in its order dated 23.08.2022 passed in Misc.(J) Case No.73/2022 arising out of Title Suit No.64/2022.
2. I have heard Mrs. R. Choudhury, the learned counsel appearing on behalf of the petitioners and Mr. A. Alam, the learned counsel appearing on behalf of the private respondents as well as Mr. T. R. Gogoi, the learned counsel appearing on behalf of the State respondents.
3. The question which arises is that whether the learned First Appellate Court had exercised the jurisdiction not conferred upon it by law or had exercise its jurisdiction illegally and with material irregularity. For deciding the said aspect of the matter this Court briefly would like to take note of the facts leading to the filing of the instant proceedings.
4. The petitioners herein as plaintiffs had instituted a suit against the private respondents herein as well as the State respondents seeking a decree for confirmation of possession and for permanent injunc
The discretionary power of the court in granting injunction and the limitations of appellate jurisdiction in interfering with such orders.
The High Court should exercise its supervisory power with great care and caution, intervening only in cases of serious dereliction of duty and flagrant violation of fundamental principles of law or j....
The main legal point established in the judgment is the importance of documentary evidence, lawful possession, and the conduct of the parties in determining the grant of injunction.
The need for a prima facie case, clarity in the description of the suit land, and consideration of balance of convenience and irreparable loss, harm, and injury are crucial in granting injunctions.
The legal requirements for the grant of a temporary injunction, including the defendant's prima facie case, balance of convenience, and likelihood of irreparable injury, must be considered in light o....
Status quo orders in property disputes must be based on clear findings of possession; courts must protect property rights during litigation.
An injunction cannot be granted without a substantive challenge to the title or rights of the parties, and the principles of balance of convenience and irreparable harm must be considered.
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