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MRIDUL KUMAR KALITA
Dipanwita Biswas, D/o-Late Utpal Mazumdar – Appellant
Versus
Sanjoy Kumar Majumdar, S/o-Late Kalyan Kumar Majumder – Respondent
JUDGMENT :
1. Heard Mr. S. Dutta, the learned Senior Counsel, assisted by Mr. A. Biswas, learned counsel for the petitioner. Also heard Mr. B. Dutta, learned Senior Counsel, assisted by Mr. J. Das, learned counsel for the respondent No. 1.
2. This application under Article 227 of the Constitution of India, read with Section 151 of the Code of Civil Procedure, 1908 has been filed by the petitioner, namely, Dipanwita Biswas impugning the order dated 21.08.2024, passed by the Court of learned Additional District Judge (FTC), Dibrugarh in Misc. Appeal No. 03/2024, whereby the temporary injunction granted in favour of the petitioner, by the Court of learned Civil Judge (Senior Division), Dibrugarh on 04.04.2024 in Misc. (J) Case No. 04/2024 was set aside.
3. The facts relevant for consideration of the instant revision petition are that the petitioner had filed a suit for declaration of her right, title and interest over Schedule-A plot of land along with permanent injunction. The suit was registered as T.S. No. 02/2024 before the Court of learned Civil Judge (Senior Division), Dibrugarh.
4. The case of the petitioner projected in her plaint is that one Sudhangshu Bimal Majumdar was the abso
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.
Merely having prima-facie case would not entitle an applicant to an injunction. The applicant has to satisfy all the three ingredients.
Court could not have come into finding that there was a balance of convenience in not granting an injunction.
A party seeking a temporary injunction must establish lawful possession, a prima facie case, balance of convenience, and irreparable injury.
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.
Suppression of revenue proceedings setting aside relied-upon mutation constitutes unclean hands, disentitling temporary injunction; High Court under Article 227 will not re-appreciate evidence or int....
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