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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Sai Dham Apartments – Appellant
Versus
Ravi Kumar Mehrotra – Respondent
| Table of Content |
|---|
| 1. the appeal filed under order 43 cpc. (Para 1) |
| 2. factual background of the ownership and intended construction. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 3. defendants' admission and counter-arguments on the mou. (Para 10 , 11 , 12) |
| 4. court's analysis of the validity of the mou and implications. (Para 16 , 17 , 18 , 19 , 20) |
| 5. legal ramifications of non-registration of the mou. (Para 26 , 32 , 39 , 59) |
| 6. court's discretionary powers concerning injunctions. (Para 63 , 64 , 67) |
| 7. final conclusion on the dismissal of the appeal. (Para 76 , 78 , 80) |
Judgment :
Sandeep Jain, J.
1. The instant first appeal has been filed by the plaintiff under Order 43 Rule 1(r) of the CPC against the impugned order dated 13.3.2020 passed by the Court of Civil Judge(Senior Division), Allahabad in O.S. No. 342 of 2019 Messers Sai Dham Apartments and another Vs. Ravi Kumar Mehrotra and others, whereby plaintiffs interim injunction application no. 6-C under Order 39 Rule 1 and 2 CPC has been rejected.
Plaint Case
2. Factual matrix is that the plaintiff appellant filed O.S. No. 342 of 2019 in the lower court with the averments that the plaintiff no.1 Messers Sai Dham Apartments is a registered partnershi
An unregistered and unstamped MOU cannot confer enforceable rights, and without ownership or possession, a claim for permanent injunction is unsustainable.
The main legal point established is the need to satisfy the court with reference to three cardinal principles for the grant of injunctive relief: prima facie case, balance of convenience, and irrepar....
In a contract for sale of immovable property, normally it is presumed that time is not the essence of the contract. Even if there is an express stipulation to that effect, the said presumption can be....
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....
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....
Grant or refusal of interim relief/temporary injunction - Usually, prayer for grant of an interlocutory injunction is at a stage when the existence of legal right asserted by plaintiff and its allege....
The appellate court can reverse trial court findings and consider all evidence in a permanent injunction suit, even after confirming some findings, if the trial court inadequately assessed the eviden....
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