Order on Temporary Injunction

English · 1,122 characters · 191 words · Level Exlstudy.in

This order shall dispose of the application filed by the plaintiff under Order 39 Rules 1 and 2 of the Code of Civil Procedure, praying that the defendants be restrained from raising any construction on the disputed land till the decision of the suit. The plaintiff claims to be the owner in possession of the land on the basis of a registered sale deed and revenue records. According to him, the defendants are trying to raise a boundary wall forcibly. The defendants have denied these allegations and claim that the land belongs to them. I have heard counsel for both sides and gone through the documents filed by them. The revenue records filed by the plaintiff prima facie show his name as the recorded owner. If the defendants are allowed to raise construction during the pendency of the suit, the nature of the property would change and the plaintiff would suffer irreparable loss. The balance of convenience is also in favour of the plaintiff. The application is therefore allowed, and the parties are directed to maintain the status quo regarding the nature and possession of the disputed land till further orders.

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