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2021 Supreme(UK) 422
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Indian Church Trustees - Appellant
Versus
Seema Singh - Respondent
Appeal From Order No. 275 of 2021
Decided On : 28-12-2021
Sahil Mullick, Advocate
Injunction is a discretionary relief, and the application of the Doctrine of Lis Pendens in property disputes is crucial in determining the grant of temporary injunction.
Headnote:
Injunction - Property Dispute - The court refused to grant a temporary injunction in a property dispute case, considering the lack of a prima facie case for the injunction and the application of the Doctrine of Lis Pendens.
Fact of the Case:
The appellant challenged the rejection of their Temporary Injunction Application in a property dispute case involving a church property.
Finding of the Court:
The court found that the appellant failed to establish a prima facie case for the grant of temporary injunction, and the trial court's decision was upheld.
Issues: The main issue was the refusal of the temporary injunction application in a property dispute case.
Ratio Decidendi: The court emphasized that injunction is a discretionary relief and upheld the trial court's decision based on the lack of a prima facie case and the application of the Doctrine of Lis Pendens.
Final Decision: The Appeal from Order was dismissed, and the decision of the trial court to reject the Temporary Injunction Application was upheld.
JUDGMENT
Manoj Kumar Tiwari, J. - In this Appeal from Order, appellant has challenged the order dated 27.11.2011 passed by learned Civil Judge (Senior Division), Nainital in O.S. No. 68 of 2021. By the said order, Temporary Injunction Application filed by the appellant was rejected.
2. I have gone through the impugned order. Learned trial Court has considered all the three relevant factors, namely, prima facie case, balance of convenience and irreparable injury and has come to the conclusion that appellant has not been able to make any prima facie case for grant of temporary injunction.
3. Appellant had filed a declaratory suit in respect of church property and had also sought temporary injunction, restraining the defendant from creating third party interest.
4. Since transfer, if any, made during pendency of the suit, is subject to Doctrine of Lis Pendens, therefore, the order passed by learned trial Court cannot be faulted.
5. It is settled position in law that injunction is a discretionary relief. Since learned trial Court has refused to exercise its discretion after considering all relevant aspects, therefore, this Court is not inclined to interfere with the impugned order.
6. Accordingly, the Appeal from Order fails and is dismissed.
