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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Shankar Sarangi, son of late Aditya Prasad Sarangi – Appellant
Versus
Basant Sarangi – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Saurabh Shekhar, Mr. Rohitashya Roy and Mr. Vibhor Mayank, the learned counsels appearing on behalf of the petitioners, the O.P.Nos.1 to 3 as well as O.P.Nos.4 to 7, respectively.
2. This appeal has been preferred under Order 43 Rules (i) (r) of the Code of Civil Procedure (CPC) for setting aside the order dated 26.03.2025 under Order XXXIX Rule 1 r/w Section 151 of the CPC registered as M.C.A No.15 of 2024 filed by the appellant/plaintiff arising out of Original Suit No.58 of 2024 whereby the learned court has been pleased to reject the prayer of temporary injunction over the sale of the property in dispute at the hands of the defendants who are Opposite party nos.1 to 7. The prayer is further made to grant temporary injunction in favour of the appellant/plaintiff.
3. Mr. Saurabh Shekhar, the learned counsel appearing on behalf of the petitioner submits that the Original Suit No.58 of 2024 has been instituted by the appellant/plaintiff and others who are plaintiff/proforma respondents in the suit praying therein for declaration of right, title and interest in their favour in connection with the land appearing in Schedule-A. He submits th
An injunction can be granted under Order 39 Rules 1 and 2 CPC to protect property rights during litigation, even with the existence of Section 52 of the Transfer of Property Act, provided legal crite....
The court upheld the grant of a temporary injunction, emphasizing the necessity of establishing a prima facie case, balance of convenience, and irreparable injury in property disputes.
To obtain an interim injunction, a party must demonstrate a prima facie case, irreparable injury, and balance of convenience favoring the injunction.
The court emphasized the discretionary and equitable nature of temporary injunctions, considering the balance of convenience and limited jurisdiction to interfere with trial court orders.
Pont of Law: The discretion of the Court is exercised to grant a temporary injunction only when the following requirements are made out by the plaintiff: (i) existence of a prima-facie case as pleade....
Injunction – Court in exercise of power of granting ad interim injunction has to preserve subject matter of suit by status quo for the time being – If any alienation is made, it would be subject to d....
The court emphasized the necessity of establishing a prima facie case, balance of convenience, and irreparable injury for granting a temporary injunction, highlighting the trial court's failure to ad....
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