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T. AMARNATH GOUD
Dibakar Roy – Appellant
Versus
Rajibkanti Gupta – Respondent
| Table of Content |
|---|
| 1. facts surrounding the injunction and land ownership rights. (Para 2 , 3) |
| 2. details on court's observations on injunction criteria. (Para 4 , 5) |
| 3. arguments presented regarding land ownership and access. (Para 6 , 7 , 10 , 11) |
| 4. final rulings and decisions of the court. (Para 15 , 16) |
ORDER
T. Amarnath Goud, J. - Heard learned counsel Mr. S. Lodh, for the petitioner-defendant and Mr. S. Bhattacharjee, learned counsel for the respondent-plaintiff. The arguments advanced before the learned Court below by both the parties are reiterated.
2. This appeal has been filed under Order-XLIII Rule-1(r) of the Code of Civil Procedure, 1908 against the order dated 14.06.2023 passed in Civil Miss 35 of 2023 arising out of T.S. 11 of 2023 passed by the learned Civil Judge Senior Division, Court No.2, North Tripura, Dharmanagar.
3. The facts in brief are that the respondent No. 1 filed a suit in the Court of the learned Civil Judge Senior Division, North Tripura, for perpetual and prohibitory injunction with some other consequential relatives. Along with the said suit he filed an application under Order-39, Rule 1 and 2 of the Code of Civil Procedure, 1908 for restraining the appella
A temporary injunction can be granted even without a title declaration if a prima facie case and the balance of convenience are established, as potential harm to possession is a significant factor.
The dissolution of previous rights after land acquisition and the plaintiff's failure to challenge the acquisition proceedings.
A suit for injunction is not maintainable when the defendant disputes title, necessitating a comprehensive suit for declaration and partition.
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....
Permanent injunction – A person cannot have benefit of protection order from Court when he has failed to prima facie establish his right to remain in possession of property.
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
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