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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Kashmeer Singh – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri A.P. Paul and Sri B.B. Paul, learned counsel for petitioners and Sri Arvind Kumar Srivastava and Sri Sher Bahadur Singh, learned counsel for respondents.
2. Proceedings are basically arising out of an order passed for temporary injunction during pendency of a suit filed by petitioners herein. Initially, by a short order dated 25.04.2023, at the stage of registration of suit, an injunction was granted and order was passed to issue notice to defendants. Aforesaid order is quoted below:-
3. Said order was challenged by some of defendants before Board of Revenue, however, same was dismissed vide order dated 10.10.2023 since a revision was not maintainable against an interlocutory order.
4. It is not much disputed that defendants are served, however, till date no written statement is filed in said suit. Meanwhile, defendants have filed a fresh suit before Civil Court wherein an order of injunction was passed on 21.05.2024 in their favour which is a subject matter of a writ petition before this Court in Matter Under Article 227 No. 7716 of 2024 wherein vide order dated 20.06.2024, aforesaid injunction order dated 21.05.2024 was directed to b
Injunctions require careful consideration of prima facie case, balance of convenience, and irreparable loss, which must be applied even in temporary orders.
Ad-interim injunction – For grant of temporary injunction, petitioner must establish prima facie possession, balance of convenience, and likelihood of irreparable loss, as enumerated under Order 39 R....
Judicial authorities must provide reasons for granting temporary injunctions, ensuring adherence to legal standards for prima facie possession and balance of convenience.
An injunction requires satisfaction of three principles: prima facie case, balance of convenience, and irreparable injury; failure to apply these principles renders the order unreasonable.
An injunction requires proof of a prima facie case, balance of convenience, and irreparable injury, which the Trial Court failed to establish.
The court emphasized the necessity for timely resolution of temporary injunction applications while maintaining the status quo regarding the land in question.
The main legal point established in the judgment is the importance of documentary evidence, lawful possession, and the conduct of the parties in determining the grant of injunction.
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