Manoj Mishra vs Ghanshyam Misra
2021 Latest Caselaw 8295 MP

                                                                          1                                 MP-3602-2021
                                               The High Court Of Madhya Pradesh
                                                         MP No. 3602 of 2021
                                                    (MANOJ MISHRA AND OTHERS Vs GHANSHYAM MISRA AND OTHERS)


                                       Jabalpur, Dated : 06-12-2021
                                              Shri Siddharth Gulatee, learned counsel for the petitioner.

                                              Learned counsel for the petitioners submits that the petitioners are
                                       defendants before the trial Court. The trial Court rejected the application filed
                                       on behalf of the plaintiffs under Order 39 Rule 1 and 2 holding that all the
                                       plaintiffs could not prove their possession over the suit land. It is submitted

                                       that even the first appellate court in para 22 of the impugned order has
                                       recorded a finding that from Khasra Panchshala, possession of the
                                       defendants is apparent on the suit land and there is no prima facie case in
                                       favour of the plaintiffs, yet proceeded to grant injunction in favour of the
                                       plaintiffs which is arbitrary and illegal in as much as one finding is recorded in
                                       para 22 that there is no prima facie case in favour of the plaintiffs, then there
                                       is no need to dwell on other two aspects namely balance of convenience and
                                       irreparable injury.
                                              In support of his contention, learned counsel for the petitioner has

                                       placed reliance on a judgment of coordinate Bench of the High Court in the
                                       case of Devi Prasad Vs. Babulal as reported in 1991 M.P.L.J. 480 and
                                       submits that such kind of injunction should not have been granted by the first
                                       appellate Court.
                                              Heard on the application for grant of interim relief.
                                              Issue notice to the respondents on payment of P.F. within one week by

registered A.D. post.

Notice be made returnable within four weeks. It is directed that operation of the impugned order dated 04/09/2021

passed by the learned 1st Additional District Judge, Chhatarpur (M.P.) shall remain stayed till the next date of hearing.

C.C. as per rules.

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2021.12.08 11:44:38 IST 2 MP-3602-2021 (VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2021.12.08 11:44:38 IST