Writ petition filed to quash a trial court order denying temporary injunction against respondents entering premises. The High Court found no perversity, illegality, or jurisdictional error warranting interference under Article 227.
Petition dismissed summarily without interference with the impugned orders of the lower courts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
H!Qi
ATTiSGARH: BiLASPUi
•WHt_Pe!raon,{2271No.;480Sof200S
'siitioner
'iaintif
iji iaikrisbna Tiwari, resident B.D. Mahant Nagar, Chandaniyapara,. jgir, Distt. Janjglr-Champa (CG). " •
. yersus
(Writ Petition under Article 227 ofthe Constitution of India) SB: I.'3E>
•Present: Shrj Aman Keshan.»'ani, counsel for the petitioner. Shri'R.Agrawa!, Panel Lav/yer for the State.
[Passedonthis1 day ofSepfe'mb»r,20C1SJ
The petitioner/piaintiff fiied a civil suit being Civil Suit No. 39-A/2007 tor dscl injunction against : the respondents/dsfendants. !n 9 suit, itiQner fiied an appiication under Order 39 Ruie 1 & 2 6f the Code of Givil Procedure (for shQrt,"CPC"), seeklng temporaw injunction against the respondents frQm property. The Civil Judge, Ciass li, Janjgir, District Janjgir-Champa, after having examined the fads and submissions made by ths parties came to the conciusion :that fhe respondents/defsneiants
led the peWoner'.to vacate the premises in occupation of petitioner, the petitioner would suffer inconvenience.;and irreparabte Soss as
-'2--
the petitioner and fhe rssoondent No.2 are the lojnt owners of the sun
-3-
<rf
SadshK. Agnihotri Judge__
31 I
c
1 issue framed by the court
Whether the High Court should exercise supervisory jurisdiction to interfere with a trial court order denying temporary injunction in a mutual possession suit involving joint owners.
2 provisions across 2 enactments
Krishna Tiwari
Baskrishna Tiwari
Padmanabh Tiwari
State of Chhattisgarh
Sadhu K. Agnihotri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
