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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Champupara Bazar Committee – Appellant
Versus
Khoirul Hussain S/o Late Toser Ali – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. R. Majumdar, the learned counsel appearing on behalf of the appellants. Mr. S. Sinha, the learned counsel appears on behalf of the respondent Nos. 1 to 5.
2. 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 orders dated 28.03.2024 and 23.04.2024 respectively passed in Misc(J) Case No. 116/2024 (in Title Suit No. 67/2024) whereby the Court of the learned Civil Judge (Senior Division), Kamrup, Amingaon (hereinafter referred to as, “the learned Trial Court”) declined to grant an ad-interim injunction against the defendants.
3. From a perusal of the materials on record, it is seen that the appellants herein as plaintiffs had filed a suit being Title Suit No. 67/2024 seeking a decree for confirmation of possession of the plaintiffs over the suit land; for eviction of the defendants from the suit property with exemplary cost in favour of the plaintiffs; for recovery of khas possession of the plaintiffs over the suit property and for permanent injunction restraining the defendants, their men, agents, workmen and asso
The court emphasized the need for prompt resolution of injunction applications and maintaining status quo until the Trial Court's decision.
Ex-parte injunctions must be resolved within 30 days as per statutory requirements; injunction procedures should not be converted into a mini-trial and must adhere to existing materials.
An injunction requires proof of a prima facie case, balance of convenience, and irreparable injury, which the Trial Court failed to establish.
The court emphasized maintaining status quo in property disputes during the pendency of litigation to prevent multiplicity of proceedings.
An injunction requires satisfaction of three principles: prima facie case, balance of convenience, and irreparable injury; failure to apply these principles renders the order unreasonable.
Court could not have come into finding that there was a balance of convenience in not granting an injunction.
The grant of interim injunction is a discretionary remedy based on the prima facie case, balance of convenience, and irreparable loss and injury.
Temporary injunctions must align with the relief sought in the main suit; granting relief beyond this scope is impermissible.
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