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IN THE HIGH COURT OF ORISSA AT CUTTACK
ANANDA CHANDRA BEHERA
Bhagabati Tarai – Appellant
Versus
Kalpana Tarai – Respondent
| Table of Content |
|---|
| 1. petition filed under article 227 challenging previous orders. (Para 1 , 2 , 3) |
| 2. defendant's objections to temporary injunction. (Para 4) |
| 3. court's analysis of prior versus subsequent sale deeds. (Para 5 , 10 , 12) |
| 4. interference under article 227 only for clear errors. (Para 9 , 11) |
| 5. cmp dismissed; suit to be expedited. (Para 13 , 14 , 15 , 16) |
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, interes
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 ....
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