The court established that failure to prove prima facie case, irreparable injury, and balance of convenience results in denial of temporary injunction applications.

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI

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ON THE 10 OF SEPTEMBER, 2025 MISC. APPEAL No. 5455 of 2024 SMT. PRAMILA AGARWAL AND OTHERS Versus ERA INFRASTRUCTURE A PARTNERSHIP FIRM AND OTHERS Appearance:

Shri Avinash Zargar - Advocate for the appellants.

Shri Sanjay Agrawal - Senior Advocate with Ms. Astha Dixit - Advocate for the respondents.

ORDER This present miscellaneous appeal has been preferred at the instance of the original plaintiff, under the provisions of Order XLIII Rule 1 (r), of the Code of Civil Procedure, 1908 challenging the order dated 26/06/2024 passed in Civil Suit No.472-A/2024 by the learned XII District Judge, Bhopal, whereby an application Under Order XXXIX Rule 1 and 2 of the Civil Procedure Code for grant of temporary injunction has been dismissed.

2. For the sake of brevity, the parties shall be referred by their rank in the trial Court.

3. In pith and substance, the plaintiffs filed a civil regular suit bearing no. 472-A/2024 titled Smt. Pramila Agrawal & Others Vs. ERA Infrastructure and others, against the respondent claiming the relief of declaration and permanent injunction. Along with the suit, an application for grant of temporary injunction under Order 39 Rule 1 and 2 has been also Signature Not Verified filed. The said application has been decided vide order dated 26/06/2024, (hereinafter referred to as "Impugned Order"), which is the subject matter of the present petition.

4. The averments in the suit reveals that the present plaintiffs have preferred the suit in their capacity of the Legal Representatives of Late Shri Vijay Agrawal. Late Shri Vijay Agrawal and Shri Vinod Agrawal were brothers who created a partnership firm with the name and style as "Era Infrastructure". The firm was constituted as an oral partnership somewhere in the year 2012, with intend to deal in immovable property and the construction work to be done by themselves or through joint venture agreement. One of the partner of the said firm Era Infrastructure died on

01/12/2017.

5. The suit further reveals that the dispute is in respect of land:

(i) Land of khasra No.s 46/3 and 47/1 admeasuring 0.160 Hectare and (ii) Land of Khasra No. 46/1 and 46/2 admeasuring 0.400 Hectare, situated at Gram - Sankhedi, Patwari Halka No. 30, Revenue Circle No. 4, Vikas Khand Phanda, Tahsil Huzur, District - Bhopal.

6. The suit further reveals that Late Shri Vijay Agrawal had cancelled a joint venture agreement executed between him and one Sunil Yadav in respect to the suit property. One of the suit property was purchased by Late Vijay Agrawal by making payment of Rs. 30 Lakh to Sunil Yadav, out of his own pocket. Subsequently a draft of the partnership deed dated 15/06/2012 was also prepared. The sale deed was executed by Sunil Yadav in favor of Partnership Firm through Shri Vinod Agrawal. The second piece of land was Signature Not Verified also purchased on the name of Era Infrastructure through Shri Vinod Agrawal. The seller of this sale-deed was one Smt. Kanchan Lata Bhatnagar and this sale deed was done out of the pocket of Shri Vinod Agrawal. After some years, Shri Vijay Agrawal has died and the partnership firm has come to an end. The cause of action for filing the suit arose on 18/03/2024, when the plaintiffs went to see the status of the suit properties, than it come into the knowledge that some construction activities are carrying out at the suit property. All these activities were done by at the instance of M/s. Era Infrastructure and M/s. Shree Adinath Infrastructure and Construction. It was further alleged in the suit that on the basis of forged partnership agreement, the activities of the firm are going on. These circumstances gave rise to the filing of the suit for declaration and injunction along with an application under order 39 rule 1 & 2 of t