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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Kishan Lal S/o Shri Kalu Lal Banjara – Appellant
Versus
Bhajiya Alias Vajeram S/o Shri Bihari Banjara – Respondent
ORDER :
1. The instant writ petition has been preferred by the petitioner/plaintiff assailing the orders dated 05.04.2019 (Annex.5) and 05.08.2024 (Annex.6) passed by learned Senior Civil Judge, Mavli, District Udaipur and learned Additional District Judge No.4, Udapur respectively, whereby the learned trial court as also the appellate court have concurrently rejected the application preferred by the petitioner/plaintiff under Order 39 Rule 1 and 2 CPC seeking restraint order against the respondents/ defendants not to interfere in the possession of the petitioner/plaintiff over the land in question and maintain the status quo of the site and record; and allowed the counter claim filed by the respondents No.2 to 4.
2. Succinctly stated, the facts of the case are that the petitioner/plaintiff filed a suit against the respondents/defendants and along with the suit, the petitioner/plaintiff filed an application under Order 39 Rule 1 and 2 CPC for temporary injunction to the effect that the respondents/defendants be restrained from interfering the possession of the petitioner over the land in question and also sought a direction to maintain status quo with respect to site and record as we
The courts ruled that discrepancies in agreements and the existence of a registered sale-deed established the defendants as rightful owners, negating the petitioner's claim for a temporary injunction....
The legal point established in the judgment is that a party cannot retrospectively undo a legal status created by a predecessor, and a valid explanation for inaction over a long period is required.
Point of Law : An appeal against exercise of discretion is said to be an appeal on principle. The Appellate Court will not reassess the material and seek to reach a conclusion different from the one ....
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....
(1) Injunction is a consequential relief – In a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a furth....
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
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