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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Kashmeer Singh – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. initial procedural background of the case. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the merits of the impugned orders. (Para 7 , 8) |
| 3. court's analysis of the legal principles for injunction. (Para 9 , 10) |
| 4. restoration of initial order based on improper application of law. (Para 11) |
| 5. conclusion with directives upon final resolution. (Para 12 , 13) |
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 s
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.
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