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SUDESH BANSAL
Rajesh Sharma – Appellant
Versus
Banwari Lal Sharma – Respondent
ORDER
1. The defect, as pointed out by the registry in SBCMA No.1083/2022, is dispensed with.
2. Since in all four appeals, the impugned order dated 03.02.2022 is common and parties are common, hence with the consent of learned for all parties, all appeals have been heard together and would stand disposed of by this common order.
3. Appellant-plaintiff-Rajesh Sharma has filed two applications for Temporary Injunction under Order 39 Rule 1 and 2 read with Section 151 CPC. First application No.70/2016 has been partially allowed vide order dated 03.02.2022, hence the plaintiff has challenged the order dated 03.02.2022 by way of filing appeal No.940/2022 to the extent of declining the temporary injunction, whereas against the grant of Temporary Injunction, the defendant No.1/1 and 2 have filed appeal No.1083/2022 and defendant Nos.3, 4, 5 and 6 have filed appeal No. 997/2022.
4. Second application for Temporary Injunction No.4/2022 has been dismissed vide separate order dated 03.02.2022 and their against, appellant-plaintiff has filed appeal No.937/2022.
5. It appears from the record that appellant-plaintiff-Rajesh Sharma has instituted a civil suit for possession, partition, declaration, r
The court emphasized the discretionary and equitable nature of temporary injunctions, considering the balance of convenience and limited jurisdiction to interfere with trial court orders.
Defendants, who file a counter claim against the plaintiff, can maintain an application for temporary injunction against the plaintiff. Additionally, the court may injunct the plaintiff to maintain s....
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
Joint family properties must be protected in partition suits, ensuring the rights of co-sharers against potential losses during ongoing legal disputes.
A co-owner cannot be permitted to continue with the construction over the undivided property without the consent and concurrence of the other co-owners.
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.
Execution of Decree - Inherent powers of Court - Plaintiff cannot be held to have a prima-facie case to obstruct a lawful decree of possession passed against him by Court of competent and co-ordinate....
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