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MANISH KUMAR NIGAM
Gajendra Kumar Gautam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, learned counsel for the respondent, learned Standing Counsel and perused the record.
2. This petition has been filed for the following relief:
(ii) issue a Writ, Order or direction in the nature of Certiorari quashing the entire proceeding arises out of the Application dated 07.12.2023 of Respondent no. 3 Under Order 39 Rule 1 Read With Section 151 C.P.C.
3. Brief facts of the case are that the contesting respondent filed a suit under Section 116 of U.P. Revenue Code, 2006 for partition of holdings, details of which are given in the plaint itself. Along with the suit, the plaintiff/respondents has filed an application for interim injunction under Order 39 Rule 1 & 2 read with Section 151 C.P.C. The trial court granted ex-parte injunction restraining the defendants in the suit from changing the nature of property in dispute and also restraining them from al
The revenue court has jurisdiction to grant interim injunctions in partition suits under the U.P. Revenue Code, and construction on joint land does not change its nature as a holding.
Co-sharer suppressing own construction on joint land approaches without clean hands and cannot restrain others from constructing on their exclusive portion; injunction requires proof of prejudice or ....
A co-sharer in undivided property can transfer their share without partition; injunctions to prevent such transfers are not legally sustainable.
A recorded tenure holder, having prima facie title in his favour, cannot be directed to approach Revenue Court for seeking relief of injunction.
(1) Injunction – Such three ingredients are not only to exist but must co-exist – Prima facie case is not to be confused with prima facie title, which requires to be established on evidence at trial.....
Co-sharers can construct on their respective shares of joint land without infringing on others' rights; exclusive possession does not confer separate ownership until legally partitioned.
(1) Injunction – There is absolutely no right inhering in co-sharer of a property to prevent another co-sharer by Court’s injunction from transferring that other’s unpartitioned share.(2) Preliminary....
The civil court retains jurisdiction over injunction suits concerning leased non-agricultural lands, and under applicable statutes, a plaint cannot be rejected partially but must be considered as a w....
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