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RAJNESH OSWAL
Nissar Hussain Mir – Appellant
Versus
Akhter Hussain Mir – Respondent
JUDGMENT :
1) The petitioner through the medium of present petition has impugned the order dated 26.02.2018 passed by the Court of 1st Additional Munsiff, Srinagar (hereinafter referred to as “the trial court”) in the suit titled “Nissar Hussain Mir vs. Akhtar Hussain Mir & others” to the extent of directing the petitioner not to make any impediment in the usage of the pathway by the respondents till the final disposal of the main suit.
2) The impugned order has been assailed on the ground that the learned trial court could not have passed the said order while deciding a preliminary issue, framed by the learned trial court out of the pleadings of the parties. It is stated that along with the suit, an application for interim relief was also filed by the petitioner and as per order dated 28.04.2011, the application was ordered to be kept/tagged with the main suit.
3) Precisely, the case projected by the petitioner is that once the application for grant of interim relief was pending, the learned trial court could not have passed the interim direction as mentioned above while deciding the preliminary issue.
4) The respondents have not filed the response but learned counsel for the responde
Courts must not exceed their jurisdiction by issuing interim directions without granting the parties an opportunity to be heard, and failure to render necessary findings to support an order would be ....
The main legal point established is the need to satisfy the court with reference to three cardinal principles for the grant of injunctive relief: prima facie case, balance of convenience, and irrepar....
The High Court will not interfere with concurrent findings of subordinate courts regarding temporary injunctions under Article 227 when such orders are well-reasoned, opting instead to direct the exp....
Court clarifies interim order issued without jurisdiction, balancing parties' interests pending transfer to competent court.
Once a suit is dismissed, any interim order merges into the final order, rendering applications under Order 39 Rule 2-A non-maintainable.
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
An order passed by the Court at any stage of the case has equal efficacy and cannot be violated.
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