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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P. ROUTRAY
Bhabani Sen@Bhabani Kumari Sen – Appellant
Versus
Chandrasekhar Das – Respondent
| Table of Content |
|---|
| 1. petitioner's claim regarding fraudulent deeds and injunction (Para 1 , 3 , 4) |
| 2. arguments from both parties on the validity of claims (Para 5 , 6) |
| 3. court's analysis on principles for granting interim injunctions (Para 7 , 8 , 9 , 10 , 11) |
| 4. order to reverse previous decision and restore trial court's order (Para 12) |
Judgment :
1. Present CMP is directed against the order dated 11th February 2025 of learned 3rd Addl. District Judge, Balasore passed in FAO No.74 of 2024, wherein the First Appellate Court has reversed the order of status quo granted by the trial court in a petition under Order 39 Rule 1 & 2, CPC.
CMP No.315 of 2025 Page 1 of 10
4. The fact remains that the afore-stated Gift Deed and three Sale Deeds executed in the year 2022 and 2023 in favour of the sole defendant (present Opposite Party) were sought to be declared as void and inoperative by the plaintiff on the ground of fraud committed upon her. Her case is that she being the owner of the properties covered under such Registered Deeds was misrepresented to sign on some blank papers at the persuasion of one lawyer and she could not be aware of the fact of presentation of the same before the Registeri
The court reaffirmed that a prima facie case exists when fraud is alleged, necessitating preservation of status quo to avoid irreparable harm until trial completion.
A plaintiff alleging fraud must establish a prima facie case, balance of convenience, and potential irreparable harm to obtain an ad-interim injunction under the Code of Civil Procedure.
A temporary injunction requires a prima facie case, balance of convenience, and irreparable loss; failure on any component leads to dismissal.
To obtain a temporary injunction, a party must provide clear prima facie evidence of ownership, demonstrate balance of convenience, and show that without relief, irreparable harm will occur.
The court affirmed the triple test for granting temporary injunctions: the plaintiff must establish a prima facie case, balance of convenience, and risk of irreparable injury, with emphasis on the ap....
Even a trespasser cannot be dispossessed without following the due process of law - If the plaintiffs are in possession of the suit land, the plaintiffs ought to be protected by way of an injunction ....
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse.
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse, emphasizing the need for careful scrutiny of such orders.
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.
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