Back
CHALLA GUNARANJAN
Kadiyala Usha Rani – Appellant
Versus
Diety of Sri Seetharamanjeya Bhajana Mandiram Devalayam, Palamaner – Respondent
JUDGMENT
Appellant herein – 3rd defendant in the Suit preferred present appeal under Order 43 Rule 1 CPC assailing order, dated 03.09.2019, passed in I.A.No.180 of 2018 in O.S.No.89 of 2018 on the file of the IX Additional District Judge, Chittoor, granting temporary injunction in favour of 1st respondent/plaintiff restraining the appellant and other co-defendants from interfering in any way with peaceful possession and enjoyment of the suit schedule property, pending the Suit.
2. For the sake of convenience, parties herein are referred to as they were arrayed in the Suit before the trial Court.
3. Brief facts of the case are as follows:
(a) Appellant herein is 3rd defendant in the Suit. 1st respondent-plaintiff initially filed O.S.No.89 of 2018 on the file of the IX Additional District Judge, Chittoor, for declaration of right and title to suit schedule property and also to declare that sale deeds, even dated 27.07.2018, executed by 1st defendant in favour of defendants 2 and 3 to be null and void and not binding on plaintiff and for consequential relief of permanent injunction restraining the defendants from interfering with peaceful possession and enjoyment of the plaintiff ov
Temporary injunction – For the purpose of claiming relief of interim injunction of restraining defendants from interfering with peaceful possession and enjoyment, one has to prima facie, establish po....
Point of law: If an injunction is obtained falsely stating that High Court has refused to grant an injunction and when the same is also not considered on main and it will be considered along with mai....
Defendants, who file a counter claim against the plaintiff, can maintain an application for temporary injunction against the plaintiff. Additionally, the court may injunct the plaintiff to maintain s....
The court emphasized that a party seeking a temporary injunction must demonstrate a prima facie case, balance of convenience, and risk of irreparable harm, with a failure to do so justifying dismissa....
The court clarified that to obtain a temporary injunction, a party must demonstrate irreparable harm, a favorable balance of convenience, and a prima facie case even without physical possession.
The court emphasized the necessity of establishing a prima facie case, balance of convenience, and irreparable injury for granting a temporary injunction, highlighting the trial court's failure to ad....
A party seeking a temporary injunction must establish lawful possession, a prima facie case, balance of convenience, and irreparable injury.
A decree would be binding on the parties to the suit and not on third party.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
