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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Punil Singh, S/o Late Birendra Singh – Appellant
Versus
Narayan Mahato @ Narayan Mahto S/o Late Ram Chandra Mahto – Respondent
| Table of Content |
|---|
| 1. details of the land dispute and previous judgments. (Para 2 , 3 , 4) |
| 2. arguments regarding the injunction and possession. (Para 5 , 6 , 14) |
| 3. court's findings on ownership and procedural correctness. (Para 8 , 9 , 10 , 11 , 13) |
| 4. criteria for injunctions established. (Para 12) |
| 5. final judgment and dismissal of the petition. (Para 15 , 16 , 17) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Amit Kumar Das, learned counsel appearing for the petitioner and Mr. R.C. Sahu, learned counsel appearing for the opposite parties.
2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 14.03.2022 passed by learned District Judge-III, Dhanbad in Civil Misc. Appeal No.30 of 2020 whereby the learned Court has been pleased to affirm the order dated 13.10.2020 passed by the learned Civil Judge (Sr. Div.)-III, in Misc. Civil Application No.138 of 2020 (arising out of Original Suit No.180 of 2013 and dismissed the Civil Misc. Appeal No.30 of 2020.
3. Mr. Amit Kumar Das, learned counsel appearing for the petitioner submits that the respondent Nos.2 to 4 are plaintiffs in the Original Suit No.180 of 2013 and the suit was instituted wit
An interim mandatory injunction requires clear evidence of altered status quo and ownership; mere possession does not suffice to grant injunction against true owners.
The principle that a prior sale takes precedence over a subsequent sale is affirmed, emphasizing the High Court's limited scope of interference under Article 227.
The court clarified that a prima facie case requires a fair question giving rise to a triable issue, warranting injunction to prevent property alienation during litigation.
Temporary injunction—In order to succeed in application for grant of temporary injunction, plaintiffs are required to show not only existence of a prima facie and arguable case in their favour, but t....
The court established that for a temporary injunction, a prima facie case, irreparable loss, and balance of convenience must all be satisfied.
To succeed in an application for temporary injunction, the party seeking the injunction must show a prima facie and arguable case, demonstrate the balance of convenience, and prove irreparable loss a....
A party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and irreparable loss, which the plaintiff failed to do.
The judgment emphasized the importance of establishing a prima facie case of possession and ownership, admissibility of documents and admissions, and the principles of balance of convenience and irre....
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