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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT KOHIMA BENCH
MITALI THAKURIA
Doshehe Y. Sema – Appellant
Versus
State of Nag – Respondent
| Table of Content |
|---|
| 1. a petition under article 227 addresses the quashing of an adverse order from a lower court. (Para 1 , 2) |
| 2. right to possession of land. (Para 3 , 4 , 5) |
| 3. details the history of land ownership and disputes leading to the current appeal. (Para 6) |
| 4. inconsistencies in documentation impact claims. (Para 7 , 9) |
| 5. emphasizes the role of prima facie assessment in injunction cases and the balance of convenience. (Para 8 , 36) |
| 6. injunctions need solid grounds based on prima facie. (Para 10 , 28 , 31) |
| 7. appellate discretion in injunction cases. (Para 12 , 17 , 41) |
| 8. claims of land ownership require clear documentation. (Para 20 , 24) |
| 9. final determination lacks merit for interference with the appellate court's decision. (Para 39 , 42) |
JUDGMENT :
MITALI THAKURIA, J.
1. Heard Mr. N. K. Luikham, learned counsel for the petitioner. Also heard Ms. V. Suokhrie, learned Additional Advocate General, representing the respondent Nos.1 & 2 and Mr. Imti. Longjem, learned counsel for the respondent No.3.
2. This application is filed under Article 227 of the Constitution of India, praying for the quashing and setting aside of the impugned order dated 02.12.2020, passed by the learned Princ
The court emphasized that establishing a prima facie case is essential for a temporary injunction, alongside balance of convenience and likelihood of irreparable injury, which were not satisfied by t....
(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 court established that for a temporary injunction, a prima facie case, irreparable loss, and balance of convenience must all be satisfied.
Order passed under Order 39 Rules 1 and 2 of CPC, is an interim order and it is not required to mention about each and every document produced on record.
Appellate courts should not interfere with a trial court's discretionary order for a mandatory injunction unless the order is perverse, arbitrary, or illegal. Mandatory injunctions are appropriate to....
Merely having prima-facie case would not entitle an applicant to an injunction. The applicant has to satisfy all the three ingredients.
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