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GURBIR SINGH
Vijay Sharma – Appellant
Versus
Sanjay Kumar – Respondent
JUDGMENT
Gurbir Singh, J.
Prayer in this revision petition filed under Article 227 of the Constitution of India is for setting aside the order dated 03.11.2023 (Annexure P-19) passed in appeal by learned Additional District Judge, Amritsar, vide which, the order dated 14.12.2021 (Annexure P-14) passed by the trial Court has been set aside and the application filed by respondent No.1-plaintiff under Order 39, Rule 1 and 2 read with section 151 CPC for restraining the petitioner-defendant from constructing a basement near the property of the plaintiff, has been remanded back to the trial Court for fresh adjudication and till the decision of that application, the petitioner has been restrained from raising any construction whatsoever in the suit property.
2. The brief facts, as culled out from the petition, are that respondent No.1-plaintiff (hereinafter called, "plaintiff") filed a suit for permanent injunction restraining the petitioner-defendant (hereinafter called, "defendant") from constructing a basement in the property of the defendant situated at Queens Road, opposite Railway Station, Amritsar. The defendant is constructing a Hotel under the name and style of M/s Richie Hotels
The appellate court can remand a case for fresh adjudication if the trial court fails to consider all relevant facts and documents, ensuring complete justice.
The main legal point established in the judgment is that the grant of interim injunction should adhere to the settled principles under Order XXXIX Rules 1 and 2 CPC, and the court should not interfer....
A suit for permanent injunction is maintainable in civil court even when alternative remedies exist under the Rent Act, provided no other effective relief is available.
The main legal point established is that the Trial Court can exercise the power under Order VII Rule 11 of the CPC at any stage of the suit and the averments in the plaint are crucial for deciding su....
The court clarified that to obtain a temporary injunction, a party must demonstrate irreparable harm, a favorable balance of convenience, and a prima facie case even without physical possession.
The need for a prima facie case, balance of convenience, and irreparable loss for granting injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure.
Grant of injunction – Wherever proceedings are under CPC and forum is Civil Court, availability of a remedy under CPC, will deter High Court from exercising its Power of Superintendence.
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