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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
NUPUR BHATI
Ashok Upadhyay S/o Late Bhanwarlal Upadhyay – Appellant
Versus
Santosh W/o Ashok Upadhyay – Respondent
| Table of Content |
|---|
| 1. invoked writ jurisdiction under article 227. (Para 1) |
| 2. petitioner disputes respondents' ownership and claims possession. (Para 2 , 3) |
| 3. trial court's limited injunction based on partial possession. (Para 4 , 5) |
| 4. appellate court's broad injunction challenged for lack of evidence. (Para 6 , 9 , 11) |
| 5. court found appellate order lacking basis for full injunction. (Para 12 , 13 , 14) |
| 6. writ petition partly allowed; previous injunction upheld. (Para 15 , 16) |
ORDER :
NUPUR BHATI, J.
1. By way of instant writ petition, the petitioner has invoked writ jurisdiction of this Court under Article 227 of the Constitution of India seeking following relief(s):
“(i). By an appropriate writ, order or direction the impugned order dated 17.08.2023 (Annexure-4) may kindly be quashed and set aside and order dated 02.06.2018 (Annexure-3) may kindly be restored.
(ii). Any other order or direction relief which this Hon'ble Court deem just and proper may also be granted in favour of the petitioners.”
2. Briefly stated, the relevant facts, which germane for decision of this writ petition are that the respondents (plaintiffs) filed a civil suit seeking a permanent injunction along with an appli
The appellate court erred by expanding an injunction beyond established possession, undermining due process regarding ownership evidence.
The court upheld the Appellate Court's decision to grant a temporary injunction, emphasizing the need to maintain status quo to prevent irreparable loss and multiplicity of proceedings.
A plaintiff must prove ownership and prior possession to seek an amendment for additional relief in a property dispute; lack thereof results in dismissal.
The main legal point established in the judgment is that the petitioner's application for restoration of possession should be decided prior to the enforcement of the Trial Court's directions, and the....
The court upheld the 1st Appellate Court's grant of temporary injunction to protect the plaintiff's possession of the property pending adjudication, affirming that appellate courts focus on preservin....
The possession of the respondents in the suit property is recorded in the revenue record and the court found no manifest error in the findings of the trial and appellate courts.
The court clarified that to obtain a temporary injunction, a party must demonstrate irreparable harm, a favorable balance of convenience, and a prima facie case even without physical possession.
Where possession of plaintiff-respondent is not satisfactorily proved, no gainful purpose would be served in remanding the mater for re-consideration only on account of procedural lapse committed by ....
The main legal point established in the judgment is the importance of documentary evidence, lawful possession, and the conduct of the parties in determining the grant of injunction.
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