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VIPIN CHANDRA DIXIT
Ashok Kumar Katiyar – Appellant
Versus
Charan Jeet Singh – Respondent
JUDGMENT :
VIPIN CHANDRA DIXIT, J.
1. This first appeal from order has been filed on behalf of defendant-appellant against the order dated 28.08.2023, passed by Commercial Court, Kanpur Nagar, in Commercial Suit No. 46 of 2023 (Charan Jeet Singh and others vs. Ashok Kumar Katiyar and another) by which temporary injunction was granted in favour of plaintiffs on the application filed under Order 39 rule 1 & 2 read with Section 151 C.P.C. (Paper No. 6-C). The defendant-appellant was restrained to interfere in peaceful possession of plaintiffs-respondents over property no. 117/A-1, situated at Arazi Nos. 594, 595 and 596 in village Barsaitpur Tehsil & District Kanpur Nagar. The defendant was also restrained to interfere in operation of petrol pump, its bank account and to maintain status quo in respect of suit property.
2. Heard Sri Sushil Kumar Shukla, learned counsel for the appellant, Sri Rahul Sahai, learned counsel for the respondents and perused the record.
3. Brief facts of the case are that the defendant-appellant was the owner and in possession of property no. 17/A-1, situated over Arazi Nos. 594, 595 and 596 in village Barsaitpur Tehsil & District Kanpur Nagar. The defendant-appe
A plaint cannot be rejected under Order 7 Rule 11 CPC if it discloses a cause of action, even if the defendant has sold the property, as triable issues exist regarding interference in rights.
Pre-litigation mediation under Section 12A of the Commercial Courts Act is mandatory; however, if mediation has occurred prior to suit registration, further mediation is not 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....
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse.
The court emphasized that failure to demonstrate readiness and willingness to perform contractual obligations justifies the denial of interim injunctions in specific performance cases.
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