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AJIT KUMAR
Lajja Ram Memorial Shiksha Samiti – Appellant
Versus
Managing Director, J. P. Infratech Ltd. – Respondent
JUDGMENT :
(Ajit Kumar, J.)
1. Heard Sri Anil Kumar Mehrotra, learned counsel for the petitioner, Sri Anurag Khanna, learned Senior Advocate assisted by Sri Rohan Gupta, learned counsel for the respondent No.- 1 and Sri Kaushalendra Nath Singh, learned counsel for the respondent No. -2.
2. Petitioner is an educational society that runs an educational institutue in plot No.- 579 situate at village Sultanpur, Pargana-Dadri, Tehsil & District- Gautam Budh Nagar. It instituted a suit being O.S. No. - 810 of 2017 in the court of Civil Judge (S.D.), Gautam Budh Nagar for a relief of permanent prohibitory injunction restraining the defendants from interfering in their right to use passage in question to reach the peripheral road/ sector road which is shown as ‘A’ ‘B’ ‘C’ & ‘D’ in the plaint map. Their application for temporary injunction having been rejected by the trial court under order dated 17th January, 2018 came to be affirmed in Misc. Civil Appeal No. - 02 of 2018 by the District Judge, Gautam Budh Nagar under order dated 7th March, 2018 and the petitioner has approached this Court assailing these two orders.
3. The submission advanced by learned counsel for the petitioner is that pas
The court ruled that the petitioner failed to establish a prima facie case for a right to passage, as an alternative route was provided and the land was leased to developers.
The dissolution of previous rights after land acquisition and the plaintiff's failure to challenge the acquisition proceedings.
A writ petition under Article 226 cannot resolve disputes of fact; res judicata and material suppression are significant in adjudicating the validity of claims in earlier proceedings.
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.
The doctrine of promissory estoppel requires an unequivocal assurance or promise, alteration of position by the promisee relying on such assurance, and equity in favor of enforcing the promise agains....
The court affirmed the plaintiff’s easementary right to access her property via the RRR road, rejecting claims of res judicata and procedural deficiencies from the defendant.
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 party cannot seek relief in a new suit while suppressing material facts from previous related litigations, as this undermines the integrity of the judicial process.
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