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SANJAY DHAR
Shabir Ahmad Ganai – Appellant
Versus
Ghulam Mohi Ud Din Wani – Respondent
JUDGMENT
1. The petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India for setting aside order dated 24.05.2017 passed by learned Principal District Judge, Budgam, whereby, in a Miscellaneous Appeal filed against order dated 16.11.2015 of learned Munsiff, Chadoora, the petitioner has been temporarily restrained from causing any interference in possession of the respondent over the suit property.
2. It appears that the respondent herein (hereinafter referred to as the plaintiff) has filed a suit for permanent prohibitory injunction against the petitioner (hereinafter referred to as the defendant) before the Court of Munsiff, Chadoora. In the suit, the plaintiff has sought a permanent injunction restraining the defendant from interfering in possession of the plaintiff over the property comprising land measuring 04 marlas falling under Khasra No.33-min situated at Zangibagh B. K. Pora, Budgam and the construction raised thereon.
3. The case of the plaintiff before the trial court is that he is owner in possession of the suit property which he has purchased from its original owner, Shri Ghulam Hassan Sofi, by virtue sale deed registered with the c
The High Court should exercise its supervisory power with great care and caution, intervening only in cases of serious dereliction of duty and flagrant violation of fundamental principles of law or j....
The satisfaction of the court regarding prima facie case is crucial for the grant of temporary injunction, and the court may exercise supervisory jurisdiction under Article 227 to keep subordinate co....
The High Court's supervisory jurisdiction under Article 227 of the Constitution is limited to ensuring subordinate courts function within their legal authority and does not permit the re-appreciation....
The concept of 'Due Process' and its application in property disputes, as well as the limitations of the court's powers under Article 227 of the Constitution of India.
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 High Court's supervisory jurisdiction under Article 227 is limited to ensuring subordinate courts act within their authority, not to correct mere errors of law or fact.
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