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HIGH COURT OF JAMMU AND KASHMIR
MOHAMMAD YOUSUF BASU – Appellant
Versus
TARIQ AHMAD BASU – Respondent
JUDGMENT :
1. Petitioner is aggrieved of Order dated 27th September 2022, passed by Sub Judge, Bijbehara (for short “Trial Court”) in a civil suit titled as Mohammad Yousuf Basu v. Tariq Ahmad Basu, dismissing application for interim relief, and seeks setting-aside thereof on the grounds made mention of in the instant petition. He also prays to set-aside order dated 3rd August 2023 passed by Principal District Judge, Anantnag, in an appeal titled as Mohammad Yousuf Basu v. Tariq Ahmad Basu. Setting-aside of the report of Commissioner dated 8th April 2022 is also being sought, with a direction to prohibit respondent from interfering with the peaceful possession of suit property.
2. Heard and considered.
3. Petitioner has filed a civil suit for injunction before the Trial Court, stating therein that he is a tenant in possession of a shop situated at Goriwan, Bijbehara, for which he executed rent agreement with Executive Officer, Municipal Corporation, Bijbehara, on 4th March 2022. It is also stated by him that he is regularly paying rent and that defendant/respondent herein, who is his brother, is interfering in the demised shop. Plaintiff/petitioner has sought a direction upon defendan
The court emphasized that for granting a temporary injunction, the petitioner must establish a prima facie case, balance of convenience, and irreparable loss, which were not met in this case.
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.
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.
Lawful possession can be protected by temporary injunction against eviction until due process is followed, emphasizing the necessity of establishing a prima facie case, balance of convenience, and ri....
Temporary injunction – Party approaching Court is not entitled to order of injunction as a matter of right – Grant of interim injunction/permanent injunction is discretionary in nature.
A plaintiff must demonstrate a prima facie case, balance of convenience, and potential hardship to obtain a temporary injunction under Order XXXIX Rules 1 and 2 of CPC.
Point of Law : Grant of mandatory injunction is not prohibited in all cases if a clear prima facie material is placed which justifies a finding that status quo may be altered by one of the parties if....
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