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DEVASHIS BARUAH
Viwoto Yeptho – Appellant
Versus
Kuholi Achumi – Respondent
JUDGMENT :
This is an appeal filed under Order XLIII Rule 1(r) read with Section 104 of the Code of Civil Procedure, 1908 (for short ‘the Code’) challenging the order dated 28.07.2023 passed in I.A.(Civil) No.29/2021 arising out of Title Suit No.1/2021.
2. A perusal of the said order reveals that the learned Principal District Judge, Dimapur (hereinafter referred to as ‘the learned Trial Court’) had passed a temporary injunction order thereby restraining the Appellants herein who were the Defendants in the suit, their men, agents, employees, workmen etc. from disturbing, interfering and/or obstructing with the peaceful possession and enjoyment of the Plaintiff/Respondent herein over the suit land covered by Dag No.104 Patta No.287 Mouza No.3 measuring an area of 19 Bighas 0 Kathas 17 Lechas situated at Purana Bazar, Dimapur. The learned Trial Court further restrained the defendants, their men, agents, employees, workmen etc. from forcefully disposing and interfering with the Petitioner from carrying out development work by the Petitioner over the suit land.
3. Mr. Tongpok Pongener, the learned counsel appearing on behalf of the Appellants submitted that taking into account that the su
The court emphasized maintaining status quo in property disputes during the pendency of litigation to prevent multiplicity of proceedings.
Injunctions require specificity and must satisfy the criteria of a prima facie case, balance of convenience, and irreparable harm.
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.
The Appellate Court should not interfere with the trial court's exercise of discretion in granting or refusing interlocutory injunctions unless the discretion has been exercised arbitrarily, capricio....
The court emphasized the need for prompt resolution of injunction applications and maintaining status quo until the Trial Court's decision.
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
Temporary injunction – For the purpose of claiming relief of interim injunction of restraining defendants from interfering with peaceful possession and enjoyment, one has to prima facie, establish po....
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