Case Note & Summary
The Appellants, filed an Appeal from Order under Section 104 read with Order 43 Rule 1(r) of the Code of Civil Procedure, 1908 (CPC), challenging the Trial Court's Order dated 3rd May 2023 that rejected their application for a temporary injunction (Exhibit-5) against the Respondents, The Appellants, as joint owners of agricultural land, acquired the property through a registered conveyance deed dated 28th August 2014 and sought to recover possession after the Respondents' 50-year lease expired on 23rd April 2018. The Respondents had filed a prior suit for specific performance and obtained an injunction restraining the Appellants from dispossessing them or creating third-party rights. In the Appellants' suit for recovery of possession, the Trial Court refused to grant a similar injunction against the Respondents, leading to this appeal. The High Court found the Trial Court's approach inconsistent, as it protected the Respondents' possession but allowed them to create third-party rights, which could cause irreparable injury and multiplicity of proceedings. The Court held that the Appellants' rights under the registered conveyance deserved protection pending final adjudication, and granted the interim injunction to restrain the Respondents from creating any third-party interest in the suit property.
Headnote
The High Court of Judicature at Bombay allowed an Appeal from Order challenging the rejection of an interim injunction application -- The Appellants, as joint owners of agricultural land, sought to recover possession from the Respondents, who were lessees under expired leases -- The Trial Court had restrained the Appellants from creating third-party rights but denied similar relief to the Appellants against the Respondents -- The High Court held that the Trial Court's approach was inconsistent and contrary to principles of equity -- The Court emphasized the need to protect the Appellants' rights under a registered conveyance deed and prevent multiplicity of proceedings -- Interim injunction was granted to restrain the Respondents from creating any third-party interest in the suit property pending final decision
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: The Issue of Consideration was whether the Trial Court erred in refusing to grant an interim injunction to the Appellants restraining the Respondents from creating third-party rights in the suit property pending final adjudication
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
The High Court allowed the appeal, set aside the impugned Order dated 3rd May 2023, and granted an interim injunction restraining the Respondents from creating any third-party interest in the suit property pending final adjudication of the suit
