Oinam Ibomcha Singh represented by 2 LRs and 7 ORs. vs Oinam Ramesh Singh represented by 3 LRs and Anr.

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Manipur) 165

IN THE HIGH COURT OF MANIPUR AT IMPHAL
M. Sundar, CJ
Oinam Ibomcha Singh represented by 2 LRs and 7 ORs. – Appellant
Versus
Oinam Ramesh Singh represented by 3 LRs and Anr. – Respondent
CRP(CRP.Art.227) No. 11 of 2026|MC(CRP(CRP.Art.227)) No. 19 of 2026

Important Points

A First Appellate Court should not re-appreciate facts in an injunction appeal unless the Trial Court's discretionary order is arbitrary or perverse, provided the cardinal principles of prima facie case, balance of convenience, and irreparable injury are satisfied.

Subject

Civil Law - Civil Procedure / Injunctions

Act Referred

Constitution of India: Art.227
Code of Civil Procedure, 1908: O.XLIII R.1(r), O.XXXIX R.1, O.XXXIX R.2

Headnote

(A) Civil Procedure - Injunction - Scope of First Appellate Court - A First Appellate Court hearing an appeal against an order of injunction does not sit as a court of re-appreciation of facts unless the discretion exercised by the Trial Court is arbitrary, capricious, perverse, or based on misapplication of settled principles of law. (Para 6)

(B) Interim Injunction - Cardinal Principles - The grant of an injunction is governed by three cardinal principles: the existence of a prima facie case, the balance of convenience, and the likelihood of irreparable legal injury. (Para 7)

Issues: Whether the First Appellate Court erred in confirming the Trial Court's order of interim injunction regarding a common pathway.

Advocates:
For the Appellants/Petitioners: Th. Mahira
For the Respondents:

Table of Content
1. procedural history of the suit regarding land share and common pathway injunction. (Para 1 , 3)
2. determination of land ownership and the effect of revenue proceedings on the dispute. (Para 4 , 5)
3. standard of review for first appellate courts in injunction appeals and application of cardinal principles. (Para 6 , 7)
4. irrelevance of revenue record accuracy to the specific grant of a pathway injunction. (Para 8 , 9)
5. necessity for expeditious trial in adversarial family property disputes. (Para 10 , 11)
6. professional duty of caveator counsel to appear before the court. (Para 12)
7. dismissal of the revision petition for lack of merit under article 227. (Para 13 , 14 , 15)

With

MC(CRP(CRP.Art.227)) No. 19 of 2026

1. Oinam Ibomcha Singh, aged about 74 years, S/O. (late) O. Ibotomba Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008 (died on 04.06.2025) represented by legal heirs namely:-

(i) Thongam Ongbi Oinam Victoria Devi, aged about 46 years, W/O Thongam Khomdon Singh of Kha Naorem Leikai, P.O. Canchipur & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 003 and

(ii) Laishram Ongbi Oinam Sushila Devi, aged about 42 years, W/O. Keisam Prakash Singh of Nambol Sabal Leikai, P.O. & P.S. Nambol, Bishnupur District, Manipur, Pin No. 795 134;

2. Oinam Ingobi Singh, aged about 52 years, S/O. (late) Ibomcha Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008;

3. Oinam Shyamchand Singh, aged about 51 years, S/O. (late) Ibomcha Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008;

4. Oinam Kiran Singh, aged about 49 years, S/O. (late) Ibomcha Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008;

5. Oinam Doren Singh, aged about 47 years, S/O. (late) Ibomcha Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008;

6. Oinam Hemanta Singh, aged about 37 years, S/O. (late) Ibomcha Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008;

7. Oinam Kanta Singh, aged about 36 years, S/O. (late) Ibomcha Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008.

8. Oinam Noyon Devi, aged about 76 years, D/O (late) O. Ibomtomba Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008.

... APPLICANTS

-Versus-

1. Oinam Ramesh Singh, aged about 64 years, S/O. (late) Ibochouba Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008 (died on 23.12.2022) represented by legal heirs namely :-

(i) Oinam Ongbi Manglembi Devi, aged about 65 years, W/O. (late) Oinam Ramesh Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008;

(ii) Oinam Niranjan Singh, aged about 35 years, S/O. (late) Oinam Ramesh Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008 and

(iii) Oinam Gobinda Singh, aged about 33 years, S/O. (late) Oinam Ramesh Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008.

2. Oinam Iboyaima Singh, aged about 68 years, S/o. (late) Oinam Ibochouba Singh of Khongnangpheidekpi, P.O. & P.S. Singjamei, Imphal West District, Manipur, Pin No. 795 008.

... RESPONDENTS

[[IMG_1]]

JUDGEMENT & ORDER

(Oral)

[1] The following abbreviations/short forms have been used in this order (for the sake of brevity, convenience and clarity): [[IMG_2]]

[[IMG_3]] [2] Short facts, shorn of elaboration and particulars not imperative for appreciating instant order are that the revision petitioners before this Court filed a plaint dated 07.01.2022 in Trial Court inter alia with a prayer for declaration qua their half share in enti