2012 AIR CC 1221 (ALL) ::2012 (3) All LJ 35 ::2012 (3) ALJ 35 ::(2012) 115 RevDec 498 ::(2012) 2 CivLJ 675 ::(2012) 1 All RentCas 616 ::(2012) 2 ADJ 337 (ALL) ::AIR 2012 (NOC) (SUPP) 365 (ALL.) ::(2012) 90 All LR 766 ::(2012) 3 All WC 2714

Allahabad High Court

Hon'ble Judge(s): Yatindra Singh, Dinesh Gupta, Jj. , JJ

(A) Civil Procedure Code (5 of 1908) O. 39, R. 1— Temporary injunction — Restraining from interfering in peaceful possession — Prima facie case — Sale deed executed by Samiti produced to prove title — Boundaries of land transferred as shown in plaint were vague and incomplete — Failure to show how property purchased out of four khasras which were not situated at one place had become rectangular in shape — Failure to show how previous owner could sell and deliver possession of only specific portion of land to Samiti, without partition amongst co-sharers — Claimant could not take advantage of weakness of respondent— s title to discharge burden to prove prima facie case — Prima facie case, not proved — Refusal to grant injunction, proper 1987 (Supp) SCC 166, Rel on (Para 14,15)

(B) Civil Procedure Code (5 of 1908) O. 39, R. 1— Temporary injunction — Restraining from interfering in peaceful possession — Balance of convenience — After getting plan sanctioned from Agra Development Authority, respondent purchaser of 62376 sq mtrs of land started developing residential colony thereon — In case injunction was granted development of land for purposes of residences of public at large would be affected — On the contrary claimant had purchased 2977 sq mtrs — Finding of trial court that he was not in possession thereof — Balance of convenience not in favour of claimant — Refusal to grant injunction, proper (Para 17)

(C) Civil Procedure Code (5 of 1908) O. 39, R. 1— Temporary injunction — Restraining from interfering in peaceful possession — Irreparable loss — Finding that claimant would not suffer any irreparable injury in case injunction was not granted, recorded by trial court after weighing competing possibilities or probabilities or likelihood of injury to both parties — Finding, not illegal or irregular — Refusal to grant injunction, proper (Para 18,19)