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MANOJ KUMAR TIWARI
Madhu Bhushan – Appellant
Versus
Mohammad Mukeem Roshan – Respondent
JUDGMENT
This is defendants’ appeal filed under Order 43 Rule (1)(r) read with Section 151 CPC challenging the order dated 10.09.2021 passed by learned Civil Judge (Senior Division), Dehradun, whereby temporary injunction application filed by plaintiff (respondent herein) was allowed.
2. This Court had earlier allowed the appeal, vide judgment dated 27.08.2022. Operative portion of the said judgment is extracted below:—
“13. Accordingly, the Appeal is allowed, and the impugned order dated 10.09.2021 is set aside. The matter is remanded back to learned trial Court to reconsider and decide respondent’s temporary injunction application afresh, as per law, and after considering the material available on record. This Court has not expressed any opinion on the merits of the case, therefore, learned trial Court shall pass order afresh, uninfluenced by any observation made by this Court.”
3. Hon’ble Supreme Court has set aside the said judgment and remanded the matter back directing this Court “to take a call on the judgment passed by Trial Court, one way or the other instead of seeking to remit the matter”.
4. Heard learned counsel for the parties and perused the record.
5. Defendants (a
Proof of execution of Will – In a case where there is serious dispute regarding execution of Will, no presumption can be drawn regarding its genuineness.
The main legal point established in the judgment is that the validity of a property transaction during the pendency of a suit is subject to the outcome of the suit, and the Court may grant injunction....
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 Court's discretion in granting or refusing injunction is within its sole jurisdiction, and the appellate Court should not interfere unless the discretion exercised by the Court below was arbitrar....
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....
A decree would be binding on the parties to the suit and not on third party.
The appellate court must respect the trial court's discretion in granting injunctions unless shown to be arbitrary or perverse.
The central legal point established in the judgment is the mandatory requirement of proving the execution of a Will through an attesting witness as per Section 68 of the Indian Evidence Act, 1872, an....
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