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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
GANESH RAM MEENA
A.K.G. Affordable Housing Private Limited – Appellant
Versus
Prakash Kumar Sharma S/o Late Shri Durga Lal Sharma – Respondent
JUDGMENT :
GANESH RAM MEENA, J.
1. By filing instant misc. appeal under Order 43 Rule 1(r) CPC, the defendant/appellant has challenged the order dated 08.11.2024 passed by the Court of learned Addl. District Judge No.10, Jaipur Metropolitan-I (Headquarter Sangander) [for short ‘the court below’] in TI Application No. 166/2024 (Prakash Kumar Sharma & Anr. v. M/s. A.K.G. Affordable Housing Private Limited), whereby the temporary injunction application filed by the plaintiffs / respondents has been partly allowed.
2. The facts borne out from the pleadings are that that the plaintiffs/respondents filed a suit for declaration and permanent injunction along-with the application for temporary injunction before the Court below mentioning that that the land bearing Khasra Nos. 81 (0.08 H), 82/01 (0.01 H), 83 (0.72 H) and 95/01 (1.37 H), in all 4 Khasras measuring 2.18 Hectares situated in Village Chak Harbanspura, Patwar Halka Jaisinghpura, Tehsil Sanganer, District Jaipur (hereinafter referred to as the ‘subject land’) was purchased by the plaintiffs by a registered sale deed dated 24.11.2015 from Smt. Phooli Devi W/o Prabhu Narayan and since then they are in possession of the said land and m
A plaintiff must establish a prima facie case, balance of convenience, and irreparable loss to warrant a temporary injunction, and courts cannot grant relief beyond what is sought in pleadings.
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 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.
Ownership transfers upon registration of a sale deed, and non-payment of part of the consideration does not invalidate the sale; the transferor's remedy lies in recovery, not cancellation.
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....
Limitation period for suits involving cancellation of sale deeds and declarations is a factual issue that requires proper examination, and prior suits do not preclude new claims if possession remains....
Court could not have come into finding that there was a balance of convenience in not granting an injunction.
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.
The court emphasized the need to consider the maintainability of the suit and the balance of convenience before granting an injunction. It also highlighted the relevance of the time fixed for perform....
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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