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SANJAY DWIVEDI
Tarun – Appellant
Versus
Goma – Respondent
ORDER
With the consent of parties, matter is heard finally.
1. By the instant petition, the petitioner has questioned the legality, validity and propriety of order dated 26/11/2021 (Annexure-P-4), whereby the Court below in an appeal preferred under Order 43 Rule 1 of CPC assailing the order passed in Civil Suit No.58-A/17 has rejected application of temporary injunction. By the impugned order, appellate Court set aside the order dated 25/10/2021 and allowed the application filed under Order 39 Rule 1 & 2 of CPC granting temporary injunction in favour of the plaintiff/respondent no.1, directing that till the decision of the civil suit i.e RCS 58-A/17 the defendants shall not disturb the possession of the plaintiff over the land belonging to survey No.52/1 area ad-measuring 2.839 hectares situated at Gram Chhindwara Savasan Tahsil Athner District Betul.
2. As per the facts of the case, the plaintiff (respondent no.1 herein) institute a regular Civil Suit bearing No. 58-A/2017 against original defendants no.1 & 2 (who are respondents no.2 & 3 herein), (defendant no.2 i.e. Kishori died later on) and also against other defendants who were later on added as defendants claiming title on the
The main legal point established in the judgment is the significance of prima facie case, irreparable injury, and balance of convenience in deciding on temporary injunction. The judgment also highlig....
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.
The main legal point established in the judgment is that convincing evidence is required to establish settled possession through adverse possession, and mere inferential circumstances are not suffici....
When there is a denial of title or a challenge raising a cloud, parties should file a suit for declaration of title, and adverse possession requires hostile possession denying the true owner's title.
Injunction - Once possession is lawful, suit for injunction simpliciter is maintainable, same cannot be thrown away at threshold in exercise of powers under provisions of Order VII Rule 11(d) of Code....
The law in India accords with the jurisprudential thought as propounded by Salmond, respecting possession even if there is no title to support it. Possession can only be resumed by the true owner in ....
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