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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Sudha Dugar D/o Shri Hanumanmal Bothra – Appellant
Versus
Chiranjeeb Sarma Roy S/o Late Chitta Ranjan Sarma Roy – Respondent
JUDGMENT :
1. Heard Mr. A. Sattar, the learned counsel appearing on behalf of the appellant and Mr. A.K. Rai, the learned counsel appearing on behalf of the respondent.
2. This is an appeal under Order XLIII Rule 1(r) & 2 read with Section 104 of the Code of Civil Procedure, 1908 challenging the order dated 18.11.2024 passed in Misc. (J) Case No.1077/2023 arising of the Title Suit No.678/2023 whereby the injunction application so filed by the appellant who was the plaintiff was dismissed.
3. The question arises in the instant proceedings as to whether this Court in exercise of its appellate jurisdiction which is a limited jurisdiction should interfere with the impugned order dated 18.11.2024 passed in Misc. (J) Case No.1077/2023. For the purpose of the said, this Court finds it relevant to take note of the case of the appellant as stated in the plaint.
4. From a perusal of the plaint, it is apparent that a written agreement was entered into between the plaintiff and the defendant on 26.04.2023 which was duly registered in the Office of the Sub- Registrar, Kamrup (Metro) at Guwahati and numbered as Deed No.8718 dated 26.04.2023. The said agreement is a part of the instant proceedings.
5.
The appellate court emphasized that the trial court's dismissal of the injunction application was unreasonable, highlighting the necessity of establishing a prima facie case and balance of convenienc....
A temporary injunction requires the plaintiff to establish a strong prima facie case, ensure balance of convenience, and demonstrate potential for irreparable harm.
Injunctions in suits for specific performance may be granted based on prima facie cases, despite property sales to third parties, per Sections 19(b) of the Specific Relief Act and 37 of the Indian Co....
In contracts for the sale of immovable property, time is generally not of the essence unless explicitly stated, and parties must demonstrate readiness and willingness to perform their obligations.
A petitioner can be granted temporary injunction to prevent the alienation of property during the pendency of a suit for specific performance while establishing possession under a registered agreemen....
A court must ascertain possession before granting an injunction; otherwise, the order may be deemed irrational and unreasonable, especially in cases involving unregistered agreements.
The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
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