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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SUBHASH VIDYARTHI
Kusum Mishra – Appellant
Versus
U.P. Avas Evam Vikas Parishad Thru. Executive Engineer Lko. – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Samarth Saxena, the learned counsel for the petitioners, Sri Puneet Chandra, the learned counsel for the opposite parties - U.P. Avas Evam Vikas Parishad and its officers and perused the records.
2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioners have challenged the validity of a judgment and order dated 17.01.2026, passed by the learned Additional District Judge/FTC (New), Lakhimpur Kheri in Misc. Civil Appeal No.03 of 2025: U.P. Avas Evam Vikas Parishad and others Vs. Smt. Kusum Mishra and another.
3. Briefly stated the facts of the case are that the petitioners had filed Regular Suit No.217 of 2024 against the opposite parties seeking a decree of perpetual injunction stating that the petitioner no.1 was allotted House No.75-EWS measuring 42.21 square meters situated in Awas Vikas Colony, Lakhimpur Kheri on 02.12.1994 and she is in possession of the house along with petitioner no.2. Boundaries of the house are mentioned are as follows: -
| Direction | Description |
|---|---|
| East | Six meters wide road |
| West | Eight feet wide lane |
| North | House No.74 |
| South | Eight feet wide lane and thereafter pond |
4. The plaintiffs plea
Appellate court may set aside perverse trial grant of temporary injunction ignoring prima facie absence of case for protecting unauthorized construction beyond allotted plot; additional evidence perm....
The court established that for a temporary injunction, a prima facie case, irreparable loss, and balance of convenience must all be satisfied.
The need for a prima facie case, balance of convenience, and irreparable loss for granting injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure.
Point of Law : Grant of mandatory injunction is not prohibited in all cases if a clear prima facie material is placed which justifies a finding that status quo may be altered by one of the parties if....
Suppression of revenue proceedings setting aside relied-upon mutation constitutes unclean hands, disentitling temporary injunction; High Court under Article 227 will not re-appreciate evidence or int....
The judiciary's jurisdiction under Article 227 is limited to ensuring the authority of subordinate courts, not correcting factual errors.
The court emphasized that a party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and risk of irreparable harm, with a failure to do so justifying dismissa....
The supervisory jurisdiction of the High Court can overturn lower court decisions if those decisions reflect procedural errors or ignore critical facts pertaining to ownership and possession.
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
Point of Law : Grant of temporary injunction - Demarcation report - Demarcation report included determination of location of suit premises. A modern method of TSM has been used to demarcate land. Cla....
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