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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
MANEESH SHARMA
Rameshwar, S/o Kushla – Appellant
Versus
Mohan Lal, S/o Shri Chetaram – Respondent
ORDER :
MANEESH SHARMA, J.
1. The present writ petition has been filed by the petitioner under Article 227 of the Constitution of India, assailing: (i) the impugned order dated 17.01.2020 passed by the learned Civil Judge, Chomu, District Jaipur, in Case No. 58/2018, titled as ‘Mohan Lal vs. Tehsildar, Chomu & Ors.’, whereby the learned Trial Court allowed the temporary injunction application; as well as (ii) order dated 23.04.2024 passed by the learned Additional Sessions Judge, Chomu, District Jaipur, in Case No. 7/2020 (CIS No. 6/2020), titled as ‘Rameshwar vs. Tehsildar, Chomu & Ors.’ whereby the appeal filed by the appellant/defendant No. 4, (Rameshwar), was dismissed, affirming the order dated 17.01.2020 passed by the learned Trial Court, wherein the application for temporary injunction was allowed and defendant No. 4- Rameshwar was restrained from interfering with the use of the suit property, creating any obstruction/hinderance in the repair and construction of the suit property, and dispossessing the plaintiff/respondents.
2. Brief facts giving rise to the present petition are that the plaintiff/respondents No. 1- Mohan Lal, filed a suit for permanent injunction on 26.09.201
The High Court affirmed that temporary injunctions can grant relief akin to final orders in urgent scenarios, upholding prior judgments and property ownership without jurisdictional errors.
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.
The court established that for a temporary injunction, a prima facie case, irreparable loss, and balance of convenience must all be satisfied.
The court emphasized the necessity of full disclosure when seeking injunctive relief within property disputes.
A party seeking a temporary injunction must establish lawful possession, a prima facie case, balance of convenience, and irreparable injury.
A family member of a tenant cannot claim legal rights to property or file for an injunction without asserting ownership or interest, demonstrating a lack of enforceable obligation under the law.
Injunction – Mere long possession, without any lawful authority, does not confer any enforceable right so as to grant protection by way of injunction.
Suppression of revenue proceedings setting aside relied-upon mutation constitutes unclean hands, disentitling temporary injunction; High Court under Article 227 will not re-appreciate evidence or int....
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