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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
ALOK AWASTHI
Rambabu – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
ALOK AWASTHI, J.
Heard finally, with the consent of the parties.
2. This miscellaneous petition has been filed by the petitioner under Article 227 of the Constitution of India against the order dated 28.11.2025, th passed in M.C.A. No. 42 of 2024 by learned VI District Judge, Shujalpur, District Shajapur whereby the appeal preferred by the respondents under Order XLIII Rule 1 of CPC against the order dated 13.09.2025 passed in th RCS No. 145 of 2025 passed by II Civil Judge, Junior Division, Shujalpur, District Shajapur whereby the plaintiff's application under Order XXXIX Rule 1 and 2 of CPC has been partly allowed, has been reversed and order for temporary injunction granted in favour of plaintiffs/respondents and against the defendants/petitioners has been set aside.
3. In brief, the facts of the case are that, the petitioners are bhoomi swamis of the land admeasuring 100 X 100 sq.ft. forming part of Survey No. 1253, situated at Village Behrawal, Tehsil Kalapipal, District Shajapur (M.P.) which was allotted to their father by the State Government on 15.10.1983 under the provisions of The Madhya Pradesh Gramo Me Ki Pakhalrahit Bhoomi (Vishesh Upabandh) Adhiniyam, 1970. Since
(1) Temporary injunction—In the matter of adjudication of a temporary injunction, contention of parties to lis are meant to be considered objectively by court as a finding on prima facie case would b....
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.
The court upheld the Appellate Court's decision to grant a temporary injunction, emphasizing the need to maintain status quo to prevent irreparable loss and multiplicity of proceedings.
Partition proceedings cannot be halted when the suit land is shown to be joint between the parties according to the revenue record.
Appellate court may set aside perverse trial grant of temporary injunction ignoring prima facie absence of case for protecting unauthorized construction beyond allotted plot; additional evidence perm....
Injunctions cannot be granted against true owners unless the claimant demonstrates lawful possession, aligning with principles of equitable relief.
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