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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Amar Singh – Appellant
Versus
Ruchinder Singh – Respondent
| Table of Content |
|---|
| 1. nature of the case and appeals (Para 1 , 2) |
| 2. petitioner's claims about land ownership and construction (Para 3 , 5) |
| 3. court's review of lower court decisions (Para 4 , 7) |
| 4. conclusion affirming lower courts' findings (Para 6 , 8) |
JUDGMENT :
Ajay Mohan Goel, J.
1. By way of this petition, the petitioner has assailed order dated 12.04.2022, passed by the Court of learned Civil Judge, Court No.II, Hamirpur, H.P., in CMA No. 465 of 2021, titled as Amar Singh vs. Ruchinder & Anr., in terms whereof, an application filed by the petitioner under Order 39 Rule 1 & 2 read with Section 151 of the CPC in Civil Suit No. 962 of 2021, was dismissed as also judgment dated 06.07.2022, passed by the Court of learned District Judge, Hamirpur, in Civil Miscellaneous Appeal No.14 of 2022, titled as Amar Singh vs. Ruchinder & Anr., in terms whereof, the appeal preferred. by the petitioner against the order passed by the learned Trial Court was dismissed.
2. I have heard learned counsel for the parties and also gone through the impugned orders as well as other documents appended alongwith the pleadings.
3. Petitioner herein is the plaintiff before the learned Trial Court, who huas prefer
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....
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.
Co-sharer suppressing own construction on joint land approaches without clean hands and cannot restrain others from constructing on their exclusive portion; injunction requires proof of prejudice or ....
A plaintiff must establish a prima-facie case and demonstrate exclusivity to obtain an interim injunction regarding joint property.
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....
Principle of equity, which is cardinal while deciding the grant of equitable relief of injunction, has duly been considered.
Section 36 of Specific Relief Act vests Court with power to grant injunction at its discretion.
Point of Law : Exercise of power under this article involves a duty on the High Court to keep inferior courts and tribunals within the bounds of their authority and to see that they do the duty expec....
Subsection (2) of Section 40 of Specific Reliefs Act provides that no relief for damages shall be granted under this section unless plaintiff has claimed such relief in his plaint.
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.
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