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SANJAY KUMAR
Khuraijam Gambhir Singh – Appellant
Versus
Moirangthem Ningol Khundrakpam Ongbi Loidang Devi – Respondent
JUDGMENT
1. The petitioner in this Civil Revision Petition, filed under Article 227 of the Constitution, is defendant No.2 in O.S. No.8 of 2015 on the file of the learned Civil Judge (Junior Division), Bishnupur. He filed Judicial Miscellaneous Case No.297 of 2016 in the said suit under Order XXXIX Rules 1, 2 and 3 CPC, claiming that he was in possession of the suit land and seeking a temporary injunction restraining the plaintiffs and their men from entering into the suit land during the pendency of the suit. By order dated 26.08.2016, the Trial Court allowed his petition and directed that status quo as regards possession of the suit land by defendant No.2 shall be maintained and restrained the plaintiffs and their men from entering into the suit land till the disposal of the suit or until further orders, whichever was earlier.
2. Assailing the said order, the plaintiffs in the suit filed Miscellaneous Civil Appeal Case No.3 of 2016 before the learned District Judge, Bishnupur. This appeal was allowed by the learned District Judge, Bishnupur, vide order dated 05.05.2017, setting aside the status quo order passed by the Trial Court in favour of defendant No.2.
3. Aggrieved thereby, de
The legal requirements for the grant of a temporary injunction, including the defendant's prima facie case, balance of convenience, and likelihood of irreparable injury, must be considered in light o....
The validity of unregistered agreements and the maintainability of suits for perpetual injunction based on possession were central to the judgment.
Status quo orders in property disputes must be based on clear findings of possession; courts must protect property rights during litigation.
A court granting temporary injunction must consider irreparable injury and balance of convenience, and failure to do so constitutes a material irregularity in the exercise of jurisdiction.
The court upheld the 1st Appellate Court's grant of temporary injunction to protect the plaintiff's possession of the property pending adjudication, affirming that appellate courts focus on preservin....
The possession of the respondents in the suit property is recorded in the revenue record and the court found no manifest error in the findings of the trial and appellate courts.
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