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DEEPAK GUPTA
Rajbir Singh – Appellant
Versus
Adani Agri Logistics Panipat Ltd. – Respondent
JUDGMENT
Deepak Gupta, J.
Petitioner herein is the plaintiff in Civil Suit bearing CNR No. HRPP02- 000191-2022 titled as 'Rajbir Singh v. Rohtas etc.' pending in the Court of ld. Additional Civil Judge (Sr. Division), Panipat. He is aggrieved by the order dated 17.02.2023 (Annexure P20) passed by the Court of Ld. Additional District Judge, Panipat, whereby his application under Order 39 Rules 1 and 2 CPC for temporary injunction, regarding property in dispute, has been dismissed, by allowing the appeal bearing CNR No. HRPP01-015358-2022, against the order dated 05.11.2022 (Annexure P18), which was passed by the ld. Additional Civil Judge (Sr. Division), Panipat, whereby the application had been allowed.
2. Land in dispute is comprised in Khewat No.17, Khatouni No.22 Khasra No.2541/2 (3-9), 2549 (3-15), 2550 (3-0), 2551 (3-0) and 2552 (3-0) total measuring 16 bigha 4 biswas situated in the revenue estate of Village Jodhan Kalan, Tehsil Israna, District Panipat.
3. As per the Jamabandi, plaintiff-Rajbir, his brother Rohtas and father Tek Ram are recorded to be co-sharer in the said land. Later, Tek Ram and Rajbir had transferred 3 bigha each of their share in favour of Nirmala, the si
The Appellate Court should not interfere with a trial judge's discretion regarding injunctions unless the decision is arbitrary or perverse, especially in cases involving significant infrastructure p....
The legal point established in the judgment is that a party cannot retrospectively undo a legal status created by a predecessor, and a valid explanation for inaction over a long period is required.
The court emphasized the importance of establishing a prima facie case, balance of convenience, and irreparable loss when considering the grant of injunction in property disputes.
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....
A party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and irreparable loss, which the plaintiff failed to do.
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
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