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P. T. ASHA
R. Kamala – Appellant
Versus
Vikram Singh – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal is filed under Order 43 Rule 1 of the Code of Civil Procedure against the “A” Diary order passed in I.A.No.3 of 2022 in O.S.No.77 of 2022 on the file of the learned District Judge, Udhagamandalam dated 04.08.2022.)
1. The plaintiffs in the suit O.S.No.77 of 2022 on the file of the learned District Munsif, Udhagamandalam, are the appellants before this Court, questioning the order dated 04.08.2022 in and by which the learned Judge has adjourned the impugned application to 01.09.2022 for the counter of the respondents 1 and 2 in the Interlocutory Application filed by the plaintiffs in I.A.Nos.2 and 3 of 2022 in the above suit and for objections to the Advocate Commissioner's Report in I.A.No.4 of 2022.
2. I.A.No.1 of 2022 is filed for mandatory injunction directing the respondents 1 and 2 and their men to remove the illegal fence and gate put up on 30.03.2022 and also the shed put up on 28.07.2022 which prevents the access to the petitioners to reach their property through the suit schedule property.
3. I.A.No.2 of 2022 is filed for an injunction restraining the respondents from interfering with the enjoyment of the suit property.
4. Though thi
The court emphasized that granting a temporary injunction requires clear evidence of a prima facie case, balance of convenience, and irreparable injury, which were inadequately established by the pla....
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The court established that an easementary right can be acquired through long-term, uninterrupted use, even if the specific phrase 'as of right' is not explicitly stated in the pleadings, provided the....
A permanent injunction cannot be granted based on assumptions of trespassing when evidence indicates the existence of an established passage at the inception of the suit, and such injunctions are uns....
It is settled law that a person who approaches Court for a relief, equitable or otherwise, is under a solemn obligation to candidly and correctly disclose all material and important facts, which have....
The court upheld the trial court's injunction order, affirming the plaintiff's exclusive ownership of the pathway and rejecting the defendants' claims of easementary rights due to lack of evidence.
A party claiming an easement must provide clear evidence of long-standing use, and failure to do so can result in dismissal of the claim.
A plaintiff can seek a temporary injunction to protect an easementary right even if a formal declaration of that right has not been made, provided they can demonstrate a prima facie case and the abse....
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