Back
JAYANT BANERJI
Upendra Singh @ Avdhesh Singh – Appellant
Versus
Rajveer Singh – Respondent
JUDGMENT
Jayant Banerji, J.
Heard Shri. Sujeet Kumar, learned counsel for the petitioners and Shri. Shiv Nath Singh, learned Senior Advocate assisted by Shri. Ravesh Kumar Singh, Advocate for the respondents.
2. Shri. Ravesh Kumar Singh, Advocate states that he had filed a caveat application on 26.10.2023 which has neither been reported nor is on record. However, the vakalatnama is not on record. Office is directed to trace out the same and place it on record.
3. By means of the instant petition, an order dated 04.10.2023 passed by the Additional District and Sessions Judge/F.T.C.-I, Kannauj passed in Misc. Civil Appeal No.32 of 2022 has been challenged, whereby an order of temporary injunction granted by the trial court on 03.12.2022 in Original Suit No.369 of 2022 was set aside.
4. The contention of the learned counsel for the petitioners is that the property in dispute is a 'rasta' (path) that separates the houses of the plaintiffs and the defendants. The plaintiffs had instituted the aforesaid suit seeking mandatory injunction directing the defendants for removing the constructions made in respect of the areas marked as A, I, & E, F in the plaint map. Thereafter, an application p
The court emphasized that granting a temporary injunction requires clear evidence of a prima facie case, balance of convenience, and irreparable injury, which were inadequately established by the pla....
A plaintiff can seek a temporary injunction to protect an easementary right even if a formal declaration of that right has not been made, provided they can demonstrate a prima facie case and the abse....
Concurrent findings of facts and law recorded by the lower courts cannot be interfered with unless found to be perverse.
The plaintiff must prove the existence of a path through the defendant's land to claim permanent prohibitory injunction. The suit must be framed as per the requirement of Order 7 Rule 3 CPC.
In a suit for permanent injunction, the burden of proof lies on the plaintiffs to establish their right to the property, which they failed to do.
The dissolution of previous rights after land acquisition and the plaintiff's failure to challenge the acquisition proceedings.
Sale deed recital prima facie creates easement by grant for bullock cart way, entitling temporary injunction subject to compensation for tree removal, balancing equities; appellate court may reverse ....
Implied easement rights for property use transfer automatically, barring explicit contradictory intentions in property deeds.
Easement rights conveyed through property transfers can include implied grants, and a defendant cannot restrict access without legal rights to do so.
The right to use a path for accessing one's property can be established through long-term use and relevant property documents, regardless of explicit claims under the Easement Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
