In a writ petition concerning land mutation dispute, the High Court disposed of the matter holding that since title is sub judice in a civil suit, parties must seek interim injunction from the civil court under Order 39 CPC or Section 151 CPC.
Writ petition disposed; parties at liberty to seek interim injunction from civil court.
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.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 30 of 2016
---- Petitioner
Versus
---- Respondents
For Petitioner : Shri Devesh G. Kela, Advocate For Respondents No.1 & 3 to 5: Shri PK Tulsyan & Shri Aishwarya Pandey, Advocates
Hon'ble Shri Justice Prashant Kumar Mishra Order On Board
11/01/2016
2
Sd/-
Judge Prashant Kumar Mishra
ashu
3 issues framed by the court
Whether the writ petition regarding mutation dispute should be disposed of when title is sub judice in a civil suit.
Whether parties should move for interim relief before the civil court instead of revenue authorities.
Interpretation of Order 39 Rules 1 and 2 CPC and Section 151 CPC regarding injunction in pending title disputes.
2 provisions across 1 enactments
Kanhaiyalal Kesharwani
Shankar Lal Kesharwani
Jawahar Lal
Manohar Lal
Mohan Lal
Sohan Lal
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
