NUPUR BHATI
Vinod Kumar – Appellant
Versus
Maniram – Respondent
ORDER :
(Nupur Bhati, J.)
The instant writ petition has been preferred by the petitioner under Article 227 of the Constitution of India with the following prayers:-
2. Brief facts of the case are that the plaintiff-petitioner filed a suit (Annexure-1) for permanent injunction against the defendant respondents before learned Civil Judge, Sadulshahar. The plaintiff-petitioner also filed an application under Order 39 Rule 1 & 2 read with section 151 of C.P.C. for temporary injunction while praying that till final disposal of the suit, the respondents Maniram S/o Shri. Sahiram and Saroj W/o Shri. Maniram may be restrained from interfering in the land in dis
For a temporary injunction, the applicant must establish prima facie entitlement based on possession, which was not demonstrated in this case.
A temporary injunction requires a prima facie case and balance of convenience, which the petitioners failed to establish.
Temporary injunction—In order to succeed in application for grant of temporary injunction, plaintiffs are required to show not only existence of a prima facie and arguable case in their favour, but t....
To succeed in an application for temporary injunction, the party seeking the injunction must show a prima facie and arguable case, demonstrate the balance of convenience, and prove irreparable loss a....
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
The purpose of grant of temporary injunction is to prevent damage or wastage to any property in dispute in the suit.
The appellate court cannot interfere with discretionary orders unless evidence indicates arbitrary or capricious decisions by the trial court.
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