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GURBIR SINGH
Arun Khurmi – Appellant
Versus
Sanjana Sood – Respondent
JUDGMENT
Gurbir Singh, J.
Challenge in this revision petition filed under Article 227 of the Constitution of India is to the order dated 15.01.2024 (Annexure P-1) passed by learned Civil Judge (Senior Division), Ludhiana, whereby application moved by the petitioner under section 41(h) of Specific Relief Act, 1963 and under Order 7, Rule 11 read with Section 9 and section 151 CPC, has been dismissed.
2. 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 and respondent No.2 herein (hereinafter called, "defendants") from making any additional alteration, causing any damage, change in the nature of the property and raising any type of construction and even installation of shutter etc. without the consent of the plaintiff in the shop part of the property bearing No.B-1-810/3, F/2, Prem Nagar, Civil Lines, Ludhiana, with specific boundaries as mentioned in the headnote of the plaint. The suit was filed on the ground that the plaintiff purchased the said property from Shri. Raj Kishan son of Shri. Sham Lal vide registered sale deed dated 13.02.2013 and at that time
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 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 at the stage of considering an application under Order VII Rule 11 of the CPC, the trial Court need not conduct a roving inquiry into the fact....
A family member of a tenant cannot claim legal rights to property or file for an injunction without asserting ownership or interest, demonstrating a lack of enforceable obligation under the law.
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 High Court affirmed that temporary injunctions can grant relief akin to final orders in urgent scenarios, upholding prior judgments and property ownership without jurisdictional errors.
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