Case Note & Summary
The judgment arises from two appeals filed against an order of the Civil Judge, Senior Division, Ponda, granting temporary injunction in favor of the plaintiff-respondent No.1, Smt. Shanti Vithal Pangam, restraining the defendants from alienating the suit property. The plaintiff filed a suit for partition and permanent injunction claiming that the suit property was joint family property and she was entitled to a share. The trial court granted ex-parte injunction, which was later confirmed after hearing. The appellants, who are defendants in the suit, challenged the injunction order on the ground that the plaintiff had no prima facie case as she was not a co-owner. The High Court examined the pleadings and documents on record, including a sale deed showing the plaintiff's predecessor-in-interest as a co-owner. The court held that the plaintiff had made out a prima facie case, balance of convenience was in her favor, and she would suffer irreparable injury if injunction was not granted. The court also noted that the suit was for partition and the property was joint family property. The appeals were dismissed, and the trial court's order was upheld.
Headnote
A) Civil Procedure - Temporary Injunction - Order 39 Rules 1 and 2 Code of Civil Procedure, 1908 - Prima Facie Case - The court considered whether the plaintiff had a prima facie case for injunction in a partition suit - Held that the plaintiff's claim of joint family property and her share therein constituted a prima facie case (Paras 10-15). B) Civil Procedure - Temporary Injunction - Balance of Convenience - The court found that balance of convenience was in favor of granting injunction to maintain status quo and prevent alienation of property pending final adjudication (Paras 16-18). C) Civil Procedure - Temporary Injunction - Irreparable Injury - The court held that if the property was alienated during pendency of suit, the plaintiff would suffer irreparable injury as her right to claim share would be defeated (Paras 19-20).
Issue of Consideration
Whether the trial court was justified in granting temporary injunction restraining the appellants from alienating the suit property pending disposal of the suit for partition and permanent injunction.
Final Decision
Both appeals are dismissed. The order of the trial court granting temporary injunction is upheld.
Law Points
- Order 39 Rules 1 and 2 CPC
- Prima facie case
- Balance of convenience
- Irreparable injury
- Injunction against alienation of property
- Partition suit
- Joint family property
