Tuesday, 16 July 2019

Whether temporary injunction can be granted in respect of property which is not subject matter of suit?

No interim injunction can be granted in respect of the property which are not subject-matter of the suit. 

IN THE HIGH COURT OF PATNA

Miscellaneous Appeal No. 1038 of 2017

Decided On: 13.02.2019

Md. Mansoor Alam  Vs. Inderdeo Prasad and Ors.

Hon'ble Judges/Coram:
Birendra Kumar, J.

Citation: AIR 2019 Patna 63


1. Heard learned counsel for the appellants.

2. The plaintiffs-appellants brought Title Suit No. 197 of 2014 for declaring the two sale deeds said to be executed by defendant-respondent Nos. 4 to 6 in favour of defendant respondent Nos. 1 to 3 in respect of land claimed by the plaintiffs-appellants. The plaintiffs-appellants further prayed for declaration of their title and possession on the lands which were subject-matter of the suit i.e., which were transferred by the referred two sale deeds. The plaintiffs-appellants filed the petition for ad interim injunction restraining the defendants from affecting any kind of alienation and also to restrain from disturbing peaceful possession of the plaintiffs.

3. The learned court below examined, in details, the factual position and recorded that the plaintiffs have got no prima facie case for the reason that genealogical table appended with the plaint has been denied by the defendants. The defendants claimed the property as their own. The question of possession is also disputed as the purchaser-defendants are claiming possession over the suit land after purchase of the same. According to court below all these disputed facts are to be adjudicated at the time of trial and no prima facie case is made out.

4. Learned counsel for the appellants submits that defendant Nos. 4 to 6 are going to sell other lands of the plaintiffs also for which injunction was sought for.

5. No interim injunction can be granted in respect of the property which are not subject-matter of the suit. After perusal of the copy of the plaint and written statement produced, it is evident that most of the facts pleaded by the plaintiff have been denied by the defendants.

6. Hence, in my view also, there was no material for prima facie making out a case of ad interim injunction in favour of the appellants. Therefore, impugned order requires no interference. Accordingly, this appeal stands dismissed.

7. LA. No. 01 of 2019 for ad interim injunction by this Court also stands disposed of accordingly.


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