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MITALI THAKURIA
Duolhoukhou Angami, W/o-Shri Ngucha Punyu – Appellant
Versus
Khriesiu Khezhie, W/o- Dziese Khezhie – Respondent
JUDGMENT :
Heard Mr. L. Iralu, learned counsel for the petitioner. Also heard Mr. Kekhriengulie, learned counsel for the respondent.
2. This application filed under Article 227 of the Constitution of India praying for setting aside the impugned Judgment and Order dated 27.05.2024 passed by the learned Principal District & Sessions Judge, Kohima, Nagaland in Misc. Civil Appeal (MCA) Case No.2/2024 arising out of I.A. (C) Case No.8/2024 in Title Suit No.1/2024 and also granting of temporary injunction restraining the respondent from undertaking further construction activity on the suit land and to preserve its sanctity during the pendency of the Title Suit No.1/2024.
3. The brief fact of the case is that the petitioner purchased a property from defendant No. 2 (Title Suit No.1/2024) on 02.10.2003 for a total consideration of Rs. 3,75,000/- (Rupees Three Lakhs Seventy-Five Thousand) only. This property included a small Assam-type house on the land, which was also transferred to the petitioner by defendant No. 2. There is no dispute between the petitioner and defendant No. 2, as defendant No. 2 has completely divested his rights, title, and interest in the plot of land to the petitioner.
A temporary injunction cannot be granted without discussing essential principles, and a property owner cannot be restrained from using their property without a strong prima facie case.
The court established that for a temporary injunction, a prima facie case, irreparable loss, and balance of convenience must all be satisfied.
The court clarified that to obtain a temporary injunction, a party must demonstrate irreparable harm, a favorable balance of convenience, and a prima facie case even without physical possession.
Point of Law : Exercise of power under this article involves a duty on the High Court to keep inferior courts and tribunals within the bounds of their authority and to see that they do the duty expec....
Merely having prima-facie case would not entitle an applicant to an injunction. The applicant has to satisfy all the three ingredients.
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