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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
ANIL VERMA
Suresh – Appellant
Versus
Parmeshwari Developers Pvt. Ltd. Through Director Shri Siddhant – Respondent
| Table of Content |
|---|
| 1. background of contract and litigation (Para 1 , 2 , 3) |
| 2. arguments against temporary injunction (Para 5 , 6 , 7) |
| 3. court's analysis of prima facie case (Para 10 , 11 , 12) |
| 4. evaluation of balance of convenience and irreparable loss (Para 13 , 14 , 15 , 16) |
| 5. final decision and order (Para 17) |
ORDER :
The appellants have preferred this miscellaneous appeal under Section 43 Rule 1 of Code of Civil Procedure, 1908 (hereinafter referred as “CPC”), being aggrieved by the impugned order dated 28.10.2023 passed by the IV Civil Judge, Class-II, Indore in Civil Suit No.647-A/2020, whereby application of respondents / plaintiffs under Order 39 Rule 1 & 2 read with Section 151 of CPC for temporary injunction has been allowed and appellants were restrained from alienating or transferring the suit property.
2. Brief facts of the case are that the respondent No.1 / plaintiff has filed a civil suit for specific performance of the contract, possession, damages and permanent injunction before the trial Court against the appellant / defendant and the respondent No.6 by stating that respondent No.1 had entered into the agreement to sale for purchase of the land in question on 11.03.
A temporary injunction requires the plaintiff to establish a strong prima facie case, ensure balance of convenience, and demonstrate potential for irreparable harm.
The court established that a prima facie case, balance of convenience, and risk of irreparable loss must be assessed when considering a temporary injunction application.
A petitioner can be granted temporary injunction to prevent the alienation of property during the pendency of a suit for specific performance while establishing possession under a registered agreemen....
The absence of original agreements establishes lack of prima facie case required for an injunction.
The duty of the trial Court to consider all relevant principles of law and the principles governing the grant of temporary injunction restraining alienation were the central legal points established ....
To obtain a temporary injunction, a plaintiff must demonstrate a prima facie case, balance of convenience, and potential for irreparable harm, without conducting a mini trial.
The appellate court emphasized that the trial court's dismissal of the injunction application was unreasonable, highlighting the necessity of establishing a prima facie case and balance of convenienc....
Section 52 of Transfer of Property Act, 1982, the rights of the appellants in the suit for Specific Performance against the Immovable property is protected under Section 52 of Transfer of Property Ac....
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