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NAKENDRA SINGH DHADDHA
Jagdish – Appellant
Versus
Girdhari Lal Sharma – Respondent
JUDGMENT :
NAKENDRA SINGH DHADDHA, J.:— Instant appeal has been filed by the appellant- non-applicant (for short ‘the non-applicant’) against the order dated 29.04.2023 passed by Additional District Judge No. 4, Jaipur District, Jaipur in Civil Misc. Case No. 16/2019 (49/2018, 80/2018), whereby the temporary injunction filed by the respondent No. 1-applicant (for short ‘the applicant’) has been allowed.
2. Learned senior counsel for the non-applicant submits that the trial court wrongly allowed the temporary injunction application filed by the applicant. Learned senior counsel for the non-applicant also submits that disputed property was purchased in the name of Shyola on account of eldest son of the family. That property was purchased from joint Hindu family income and not from personal income of Shyola. Learned senior counsel for the non-applicant also submits that three sons of the Ladu Ram had executed the partition deed dated 11.10.1980 in which they clearly stated that the disputed property was joint Hindu family property. They filed a suit for partition before the Revenue Court. Revenue Court passed the decree on 03.06.1995. The said decree was challenged before the Revenue Ap
The central legal point established is the impact of pending revenue proceedings on the grant of permanent injunction and the significance of a revisional court's decision in establishing ownership.
The registration of sale deeds and delivery of possession create a prima facie right in favor of the purchaser, which is crucial in determining the right to the property.
The Appellate Court should not interfere with a trial judge's discretion regarding injunctions unless the decision is arbitrary or perverse, especially in cases involving significant infrastructure p....
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....
The appellate court cannot interfere with discretionary orders unless evidence indicates arbitrary or capricious decisions by the trial court.
In disputes regarding partition of joint Hindu family property, the burden of proof lies on the party asserting partition, and the presumption of jointness remains unless clear evidence to the contra....
The main legal point established in the judgment is that the burden of proving joint ownership of ancestral property lies with the claimant, and such burden cannot be discharged solely by oral eviden....
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