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MRIDUL KUMAR KALITA
Altaf Hussain Tapadar, S/o. Late Nisar Ali Tapadar – Appellant
Versus
Fakrul Islam, S/o. Late Muhibur Rahman – Respondent
JUDGMENT :
(Mridul Kumar Kalita, J.)
1) Heard Mr. N. Haque, learned counsel for the petitioner. Also heard Mr. F. U. Barbhuiya, learned counsel for the respondent no.1.
2) This application under Article 227 of the Constitution of India has been filed by the petitioners impugning the order dated 20.05.2024 passed by the Court of the learned Civil Judge (Junior Division) No. 3, Karimganj in Misc. Case No. 366/2024 arising out of Title Suit No. 376/2023, whereby the present petitioner was directed not to make any construction over the extended area (on the Western side of the land of the present petitioner) until further orders.
3) The facts relevant for consideration of the instant revision petition are that the respondent No.1 herein had filed a Title Suit as plaintiff which has been registered as Title Suit No. 376/2023 in the Court of learned Civil Judge (Junior Division) No. 3, Karimganj.
4) In the said suit, the respondent No.1, as plaintiff has prayed for a declaration of right of way to the house of the respondent No.1 and pro-forma respondents (who are arrayed as defendant Nos. 2 and 3 in Title Suit) over the second Schedule suit path which is the part of First Schedule
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 need for a prima facie case, balance of convenience, and irreparable loss for granting injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure.
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.
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....
(1) Temporary injunction—In the matter of adjudication of a temporary injunction, contention of parties to lis are meant to be considered objectively by court as a finding on prima facie case would b....
The rejection of the application for status quo was found to be just and proper, and the court emphasized the availability of an alternative efficacious remedy by way of appeal from order.
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