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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P. SAM KOSHY, ANIL KUMAR JUKANTI
Adipudi Venkata Ravi Kumar – Appellant
Versus
Manoj Kumar Vyas – Respondent
| Table of Content |
|---|
| 1. the nature of the appeal and the parties involved. (Para 1 , 2) |
| 2. request for temporary injunction against defendants. (Para 3 , 4) |
| 3. defendants argue against the injunction based on limitation. (Para 6) |
| 4. fabrication of documents as grounds for appeal. (Para 7 , 9) |
| 5. ingredients for granting injunction; prima facie case. (Para 10 , 11 , 12) |
| 6. supreme court guidance on injunction considerations. (Para 13 , 14) |
| 7. conclusion and rejection of the appeal. (Para 15 , 16) |
JUDGMENT :
P. SAM KOSHY, J.
1. The present appeal under Order 43 Rule 1 of CPC has been preferred by the appellants who are defendant Nos.1 and 3 before the Trial Court. The challenge is to the order dated 20.06.2024 passed in I.A.No.59 of 2024 in O.S.No.1 of 2024 by the Hon’ble Principal District Judge, Vikarabad District.
2. Heard Ms. Shariq Ahmed, learned counsel, representing Mr. Katika Ravinder Reddy, learned counsel for the appellants and Mr. J. Prabhakar, learned Senior Counsel, representing Mr. Aziz Hussain, learned counsel for respondent No.3 and Mr. B.Mayur Reddy, learned Senior Counsel, representing Mr. Saini Aravind, learned counsel for respondent Nos.4 and 5.
3. Vide the impugned order, the Tr
An agreement of sale signed only by the vendor is valid for specific performance; injunctions require a prima facie case, balance of convenience, and irreparable loss to be established.
The court upheld the trial Court's decision to grant a temporary injunction based on the principles of prima facie case, balance of convenience, and irreparable harm at the interlocutory stage.
The respondent's establishment of a prima facie case for the grant of injunction based on the existence of the agreement and the balance of convenience.
A petitioner can be granted temporary injunction to prevent the alienation of property during the pendency of a suit for specific performance while establishing possession under a registered agreemen....
The absence of original agreements establishes lack of prima facie case required for an 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 main legal point established is the application of principles for granting interim injunctions, the interpretation of time as the essence of a contract, and the significance of fulfilling recipro....
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