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SATYENDRA KUMAR SINGH
Silky Jain – Appellant
Versus
Yaadram Shivhare – Respondent
JUDGMENT
SATYENDRA KUMAR SINGH, J. - This petition, under Article 227 of the Constitution of India, has been preferred against the order dtd. 20/6/2022, passed by the Court of 10th District Judge, Gwalior in Miscellaneous Civil Appeals bearing MCA Nos. 64/2022, 46/2022, 47/2022 and 48/2022, whereby, the order dtd. 8/3/2022, passed by the Court of 10th Civil Judge, Senior Division, Gwalior in Civil Suit bearing No. RCS-A/339/2021, was set aside and the case was remanded back to the Trial Court for re-consideration on the applications, filed under Order XXXIX Rule 1 and 2 CPC on behalf of the petitioners as well as the respondents.
2. Brief facts giving rise to this petition are that the petitioners filed a Civil Suit bearing RCS No. A/339/2021, before the Court of 10th Civil Judge, Senior Division, Gwalior for declaration of title and injunction, alongwith an application, under Order XXXIX Rule 1 and 2 of C.P.C. for grant of temporary injunction, over a piece of land admeasuring 80ft x 150ft, i.e. 12000 sqft, on the eastern side of which, there is Agra Bombay Road, on the western side, there is a land belonging to Smt. Anjali Jain, on the northern side, there is a land belonging to d
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Order passed under Order 39 Rules 1 and 2 of CPC, is an interim order and it is not required to mention about each and every document produced on record.
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All amendments necessary for determining the real issue in controversy between the parties must be allowed, and the fact that the amendment may be belated cannot be a ground to disallow the amendment....
Jurisdiction of Court - Only wrong decision may not be a ground for exercise of jurisdiction under this article unless wrong is referable to grave dereliction of duty, flagrant abuse of power by subo....
The court's decision emphasized the importance of upholding orders based on reports submitted by relevant authorities and the limited scope of interference under Article 227 of the Constitution of In....
The satisfaction of the court regarding prima facie case is crucial for the grant of temporary injunction, and the court may exercise supervisory jurisdiction under Article 227 to keep subordinate co....
The court emphasized the necessity of maintaining status quo in property disputes until final resolution, reinforcing prior judicial orders.
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