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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Mukul Kumar – Appellant
Versus
Laxmidhar Samantaray – Respondent
| Table of Content |
|---|
| 1. factual background of tenant and possession dispute. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments against plaintiff's claim of lawful possession. (Para 7 , 10) |
| 3. legal principles of possession and injunction. (Para 8 , 9) |
| 4. conditions for granting temporary injunction. (Para 11 , 12) |
| 5. decision to maintain status-quo until final decision. (Para 15) |
JUDGMENT :
B.P. Routray, J.
1. Heard Mr. P.K.Rath, learned Senior Counsel for the Petitioner and Mr. S.R.Mahapatra, learned counsel for Opposite Parties.
2. Present CMP is directed challenging impugned judgment dated 13th February 2025 passed in F.A.O. No.99 of 224 of the learned 2nd Additional District Judge, Bhubaneswar (Annexure-1) and the order of learned Trial Court dated 26th June 2024 (Annexure- 8) passed in I.A. No.01 of 2024 (arising out of C.S. No.455 of 2024), wherein the prayer for temporary injunction of the Plaintiff under Order 39 Rule 1 & 2 of the CPC has been refused.
3. Present Petitioner is the Plaintiff who filed the aforesaid suit praying for permanent injunction against Defendant No.2 not to evict him without due process of law and not to interact the business of the Plaintiff. The Plaintiff’s case is based on
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....
Permanent injunction – A person cannot have benefit of protection order from Court when he has failed to prima facie establish his right to remain in possession of property.
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
Question of title can be looked into in a suit for injunction unless same is very complicated – A person who is in settled possession cannot be dispossessed except in accordance with law.
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.
In a suit for permanent injunction, the burden of proof is on the plaintiff to establish possession and incidental title to the property. Clear title supported by documents is necessary to claim perm....
A suit for injunction simplicitor is not maintainable without a declaration of ownership, especially when the plaintiff admits that part of the property is in the possession of the defendants.
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
Suit filed for perpetual injunction by plaintiff, when there is cloud over title is not maintainable.
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