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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE SATYEN VAIDYA
Sarwan Ram – Appellant
Versus
Veena Kumari – Respondent
JUDGMENT :
(Satyen Vaidya, J.)
By way of instant petition, order passed by learned District Judge, Una on 24.10.2024 in Civil Miscellaneous Appeal No.30/2024 has been assailed, whereby the order dated 10.06.2024, passed by learned Senior Civil Judge, Una in CMA No.1755/2023 has been set-aside in appeal of the defendants under Order 43 Rule 1(r) of the Code of Civil Procedure (for short, “the Code”).
2. Brief facts, necessary for adjudication of the petition are that the petitioner/plaintiff has filed a suit against the respondents/defendants, which is pending on the files of learned Senior Civil Judge, Una, as Case No.132 of 2023. The petitioner/plaintiff has prayed for a decree in the following terms:
“It is, therefore, prayed that a decree for permanent injunction restraining the defendant from changing the existing nature and character by raising any sort of construction or otherwise taking exclusive possession by ousting the plaintiff from joint possession of land measuring 0-07-92 Hects, comprised of Khewat No.396 Khatauni No.574 Khasra No.3287 and 3294 as entered in the jamabandi for the year 2018-2019 situated in Mohal Jakhera Sub Tehsil Mehatpur Basdehra, Tehsil and District Un
A plaintiff seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and irreparable loss, which was not established in this case.
A petitioner seeking an interim injunction must establish a prima facie case, balance of convenience, and irreparable loss, failing which the application may be dismissed.
Section 36 of Specific Relief Act vests Court with power to grant injunction at its discretion.
A plaintiff must establish a prima-facie case and demonstrate exclusivity to obtain an interim injunction regarding joint property.
Principle of equity, which is cardinal while deciding the grant of equitable relief of injunction, has duly been considered.
Co-owner not entitled to injunction against another's construction on joint land unless proved to amount to ouster or detriment to rights; requires evidence beyond sole testimony, mere jointness insu....
To obtain interim injunction, a petitioner must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm; failure to satisfy these elements results in dismissal of t....
Co-sharers in joint property can alienate their shares and raise constructions on their portions, subject to partition adjustments; injunctions against such actions are not maintainable.
The failure to object to construction on joint land weakened the case for injunction, and the remedy for the plaintiffs was to seek partition of the joint land.
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