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ANIL VERMA
Bhagwantibai, W/o Late Shree Nathulal Sahu – Appellant
Versus
Rajendra Kumar S/o Late Shree Nathulal Sahu – Respondent
ORDER :
Heard learned counsel for the petitioner at motion stage.
The petitioners/defendants have filed present petition under Article 227 of the Constitution of India against the impugned order dated 18/08/2021 passed by the 4th Additional District Judge, Indore in Miscellaneous Civil Appeal no. 50/2021, whereby the said appeal under Order 43 Rule 1 of CPC filed by the respondent/plaintiff has been allowed and the temporary injunction has been granted in favour of the respondent/plaintiff.
2. Facts of the case in brief are that the respondent/plaintiff filed a civil suit seeking declaratory relief praying that house no. 36/1, Kachhi Mohalla, Indore ( in short “ the suit property”) is an ancestral property of the plaintiff and the defendants. it should be declared that respondent/plaintiff is using the shop situated in the suited property since the lifetime of his father and is the only source of earning of the family. It is also prayed that petitioner/defendants in suit may be injected from disturbing or alienating the suited property. Respondent/plaintiff has also filed an application under Order 39 Rule 1 and 2 of CPC, seeking temporary injunction on petitioners/defendants. After h
The central legal point established in the judgment is the significance of prima-facie case, balance of convenience, and irreparable loss in the grant of temporary injunction.
The court upheld the 1st Appellate Court's grant of temporary injunction to protect the plaintiff's possession of the property pending adjudication, affirming that appellate courts focus on preservin....
The central legal point established is the requirement to establish possession and title for a temporary injunction, and the significance of earlier partition in establishing prima facie case for inj....
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....
The court upheld the temporary injunction based on the partition deed and relevant material on record, finding no perversity or jurisdictional error in the appellate court's decision.
The purpose of grant of temporary injunction is to prevent damage or wastage to any property in dispute in the suit.
Partition proceedings cannot be halted when the suit land is shown to be joint between the parties according to the revenue record.
A temporary injunction requires a prima facie case and balance of convenience, which the petitioners failed to establish.
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