Back
ORISSA HIGH COURT
BHAGABATI TARAI – Appellant
Versus
KALPANA TARAI – Respondent
JUDGMENT :
ANANDA CHANDRA BEHERA, J.
1. This Civil Misc. Petition under article 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 20.07.2022 (Annexure-4) passed in I.A. No.66/2022 by the learned Senior Civil Judge, Kujanga and the impugned order dated 31.10.2022 (Annexure-5) passed in F.A.O. No.25 of 2022 by the learned Addl. District Judge, Kujanga.
2. The factual backgrounds of this Civil Misc. Petition, which promoted the petitioner for filing of the same is that, the Opp. Party (Kalpana Tarai) being the sole plaintiff filed a suit vide C.S. No.84/2022 against the petitioner of this CMP (Bhagabati Tarai) arraying her as defendant No.1 along with others in the Court of learned Senior Civil Judge, Kujanga praying for declaration of her right, title, interest and possession over the properties described in Schedule “C” of the plaint and also to declare the R.S.D. No.733 dated 22.04.2006 executed by the defendant No.2 Srikrushna Das in favour of the defendant No.1 (petitioner in this CMP Bhagabati Tarai) as illegal, invalid, void and the same is not binding upon her and to injunct the defendant No.1 (petitioner in this
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.
Jurisdiction under Article 227 cannot be invoked to correct subordinate court errors unless manifest injustices occur; findings on temporary injunction based on ownership records must be respected pe....
The satisfaction of the court regarding prima facie case is crucial for the grant of temporary injunction, and the court may exercise supervisory jurisdiction under Article 227 to keep subordinate co....
Amendments to plaint may be permitted under Order 6 Rule 17 to avoid multiplicity of litigation, even if they arise after the knowledge of certain facts, provided they do not prejudice the opposing p....
Order passed under Order 39 Rules 1 and 2 of CPC, is an interim order and it is not required to mention about each and every document produced on record.
The court established that for a temporary injunction, a prima facie case, irreparable loss, and balance of convenience must all be satisfied.
Civil Law – Claim of title of property – High Court’s jurisdiction is to be exercised only to set right grave dereliction of duty or flagrant abuse and violation of fundamental principles of law or j....
The court upheld that an injunction is not grantable when a petitioner has an equally efficacious remedy available in prior ongoing litigation concerning the same subject matter, emphasizing respect ....
The concept of 'Due Process' and its application in property disputes, as well as the limitations of the court's powers under Article 227 of the Constitution of India.
Jurisdiction of Court - Only wrong decision may not be a ground for exercise of jurisdiction under this article unless wrong is referable to grave dereliction of duty, flagrant abuse of power by subo....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
