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JAYANT BANERJI
Upendra Singh @ Avdhesh Singh – Appellant
Versus
Rajveer Singh – Respondent
| Table of Content |
|---|
| 1. initial hearing and status of caveat application. (Para 1 , 2) |
| 2. challenge to temporary injunction order and property dispute. (Para 3 , 4 , 5) |
| 3. arguments regarding trial court's decision on injunction. (Para 6 , 7) |
| 4. court's observations on procedural record and evidence. (Para 8 , 11) |
| 5. description of disputed property and plaintiffs' claims. (Para 9 , 10) |
| 6. appellate court's assessment of evidence and balance of convenience. (Para 12 , 13) |
| 7. clarification of appellate court's oversight regarding injunction. (Para 14 , 15) |
| 8. consideration of easement rights and necessity of evidence. (Para 16 , 17) |
| 9. final decision on maintaining status quo pending fresh appellate review. (Para 18 , 19) |
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 i
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.
Revenue records do not confer title or prove possession against commissioner report and admissions showing physical division by road and fencing; injunction suit maintainable on possession without de....
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.
Consistent recitals in prior sale deeds establish common pathway rights, prevailing over later exclusive claims absent explanation.
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