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MEENAKSHI I. MEHTA
Gajna – Appellant
Versus
Bittu – Respondent
JUDGMENT
Meenakshi I. Mehta, J. - By way of the instant revision petition, the petitioners-plaintiffs (here-in-after to be referred as 'the plaintiffs') have laid challenge to the judgment dated 31.10.2022 (Annexure P-10) handed down by learned Additional District Judge, Palwal (for short 'the Appellate Court'), whereby the appeal preferred by respondents No.1 to 6-defendants (here-in-after to be referred as 'the defendants') to assail the order dated 03.10.2022 (Annexure P-8) passed by learned Civil Judge (Junior Division), Hodal (for short 'the trial Court'), in Civil Suit No.670 of 2022 titled as 'Gajna and Others vs. Bittu and Others', has been allowed and the application moved by them (plaintiffs) under Order 39 Rules 1 & 2 read with Section 151 CPC, has been dismissed.
2. As per the brief factual-matrix leading to the filing of the present revision petition, the plaintiffs have filed the said Civil Suit against the defendants and proforma respondent No.7 for seeking a decree for the declaration to the effect that they (plaintiffs) are the owners in possession of the suit land and they have further prayed for the relief of permanent injunction to restrain the defendants from int
To seek an injunction, the plaintiffs needed to establish their possession over the land, which they failed to do.
Necessary parties with any right, title, or interest in the disputed property are required for granting/refusing the relief of injunction in a suit.
Prima facie establishment of possession and the significance of registered Sale Deed in determining possession rights.
When the plaintiff's title to the property is in dispute and there is a threat of dispossession, the plaintiff should sue for declaration of title and the consequential relief of injunction.
Possession of immovable property cannot be transferred by mere oral gift, and a decree for permanent injunction cannot be granted without clear evidence of legal possession, especially when the state....
Temporary injunction—In order to succeed in application for grant of temporary injunction, plaintiffs are required to show not only existence of a prima facie and arguable case in their favour, but t....
The legal requirements for the grant of a temporary injunction, including the defendant's prima facie case, balance of convenience, and likelihood of irreparable injury, must be considered in light o....
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