The plaintiff-union's settled possession of the property and the discretionary nature of granting temporary injunction based on a prima facie case, balance of convenience, and irreparable loss and injury.

ORDER :

1. This Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order dated 20.01.2020 in C.M.A. No. 4 of 2019 on the file of the learned III Additional District and Sessions Judge at Asifabad, whereunder the order dated 07.05.2019 in I.A. No. 43 of 2019 in O.S. No. 9 of 2019 on the file of the learned Junior Civil Judge, Sirpur, was set aside.

2. Heard learned counsel for the petitioner/plaintiff and the respondent/defendant. Perused the material available on record. For the sake of convenience, the parties are hereinafter referred to as arrayed in O.S. No. 9 of 2019 on the file of the learned Junior Civil Judge, Sirpur.

3. The plaintiff has filed the original suit in O.S. No. 9 of 2019 on the file of the learned Junior Civil Judge, Sirpur, for perpetual injunction restraining the defendant from interfering with their peaceful possession over the suit schedule property i.e. Quarter No. A-14, New Colony, Kagaznagar, Kumaram Beem Asifabad District. Along with the original suit, the plaintiff has filed I.A. No. 43 of 2019 under Order-39, Rule 1(C) of the Civil Procedure Code (for short ‘CPC’) for grant of ad-interim injunction restraining the defendant from dispossessing the plaintiff over the suit schedule property during pendency of the suit.

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(a) The plaintiff-Sirpur Paper Mills Workers’ Union affiliated to Bharatiya Mazdoor Sangh has filed the original suit against the defendant-Sirpur Paper Mills Limited, Sirpur at Kagaznagar, represented by its General Manager. The main averments of the affidavit filed in support of the application under Order-39, Rule-1 of CPC are that the plaintiff is a registered Union of the Sirpur Paper Mills, as per the Trade Unions Act, 1926, affiliated to Bharatiya Mazdoor Sangh. It is represented by its President, Sri. K. Bhattacharya. The defendant is a Company represented by its General Manager. In the year 1986, the plaintiff-union won in the trade union elections conducted by State Labour Department. As the management and trade union have to work for advancement and upliftment of the workmen of the defendant company to maintain cordiality, the defendant has provided office building and other facilities allotting Quarter No. A-14 (hereinafter referred to as ‘suit schedule quarter’) in the year 1986 and ever since the plaintiff has been in continuous possession and enjoyment of the same.

(b) In September 2014 operations of defendant’s factory were closed for about four years. Later, as per the orders of the National Company Law Tribunal (for short ‘NCLT’) it was taken over by a new management under new promoters belonging to J.K. Paper Limited around July 2018. Neither the erstwhile management nor the new promoters of the defendant company raised any objection during the said period to the plaintiff’s union continuing their possession in respect of suit schedule quarter.

(c) All of a sudden on 10.01.2019, two officers of the defendant company came to the suit schedule quarter, broke open the locks of the main gate and front room and trespassed into three residential rooms, store room and one bathroom, tried to take away the furniture and other material. On that the plaintiff has filed a complaint before the Station House Officer, Kagaznagar Town Police Station on 11.01.2019, thereafter, gave a protest letter to the management of defendant on 12.01.2019. The management has persuaded the request and vacated the rooms, but later on 18.01.2019 served a notice on the plaintiff to vacate the suit quarter to which a suitable reply dated 28.01.2019 was issued. Again on 25.01.2019 another attempt was made to dispossess the plaintiff. Thereafter, on 31.01.2019 the defendant filed a caveat petition. In the meanwhile, the plaintiff has approached the local MLA, gave a representation to persuade the management to refrain from use of force. Under these circumstances, having no other alternative remedy, the plaintiff-union has filed the original suit and I.A. N