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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
Raj Kumar Sharma, S/o. Shri Hari Narain Sharma – Appellant
Versus
Amardeep Kapoor Singh, S/o. Kapoor Singh – Respondent
Judgment :
(Ganesh Ram Meena, J.)
1. The instant civil misc. appeal has been filed by the appellant/ plaintiff under Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 with the prayer to quash and set aside the order dated 28.11.2024 passed by the Court of learned Addl. District & Sessions Judge No.9, Jaipur Metropolitan-II (for short ‘the court below’) in Temporary Injunction Application No. 52/2024 (CIS No. 445/24) whereby the court below dismissed the application for temporary injunction and also to allow the said application.
2. The facts of the case in brief are that the applicant/plaintiff filed a civil suit for specific performance of agreement/ receipt dated 09.10.2022, cancellation of sale deed and permanent injunction, along-with an application for temporary injunction in regard to the land situated in different khasras, total land ad-measuring 1.7600 hectare (hereinafter to be referred to be ‘disputed land’) situated at Revenue Bagru Khurd, Patwar Halka Bhambhoria, Tehsil Sanganer, District Jaipur in the name of respondent No.1 in the revenue record. The respondent/ defendant No.1 agreed to sale his agricultural land in lieu of total sale consideration of Rs.1,42,05,00
The court established that a prima facie case, balance of convenience, and risk of irreparable loss must be assessed when considering a temporary injunction application.
A temporary injunction requires the plaintiff to establish a strong prima facie case, ensure balance of convenience, and demonstrate potential for irreparable harm.
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....
The main legal point established in the judgment is the importance of registered documents and the doctrine of part performance under Section 53A of the Transfer of Property Act in protecting possess....
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....
To obtain a temporary injunction, a plaintiff must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm, without conducting a mini trial.
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