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TMI Blog2005 (3) TMI 805X X X X Extracts X X X X X X X X Extracts X X X X ..... of the parties i.e., the respondents by filing written objection and upon hearing the learned Counsel representing both the parties, the learned trial Court by its order dated 15-7-04 dismissed the Misc. Case (J) No. 4/04 holding that the appellants had no prima facie case to go for trial etc. and thereby ad interim order of status quo dated 30-1-04 was vacated. 2. In this appeal, the aforesaid order dated 15-7-04 has been challenged solely on the ground of perversity. It is pleaded that the learned trial Court's finding was precisely based on the photocopy of the Jamabandi filed by the appellants observing that since in 'Entry (Cha)' of the Jamabandi showed that Umesh and Balindra sold a total plot of land measuring 7 Bighas 1 Katha 14 Lechas to Bharpur, Jalil Seikh, Bhehua, Khalisa Seikh and Asan Ali, without prejudice to the merit of the main suit, it was held that if the appellants had have any land in their share, the same was to the extent of only 2 Katha 3 1/2 Lechas when in fact such 'Entry (Cha)' of the Jamabandi does not indicate anywhere any such area of the land measuring 7 Bighas 1 Katha 14 Lechas so as to make the shares of the appellants to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ldev Dass). 6. In Bindeshwar Narayan's case (supra), the Division Bench of this Court, speaking through Hon'ble K.N. Saikia, J. in paragraph 12, held as follows : 12. ...Where the sole object of a suit is protection by means of an injunction, to withhold the temporary in-junction may practically decide the cause in favour of the defendant, without giving the plaintiff an opportunity to establish the truth of the case made by his plaint. It is true that the Court will not so interfere if it thinks that there is no real question between the parties, but assuming that there is a substantial question to be decided, it will preserve the property until such question can be regularly disposed of. Where a perpetual injunction issued for and the plaintiff applies for a temporary injunction, the Court should grant the temporary injunction if the effect of not granting such an injunction will be to deprive the plaintiff for ever of the right claimed by him in this suit.... 7. In Moharwal Khewaji's case AIR2005SC104 (supra), in paragraph 10 it was held as under : 10. ... unless and until a case of irreparable loss or damage is made out by a party to the suit, the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants have sought for recovery of possession by evicting the respondent No. 1 from the suit land. Controverting the allegation of perversity as regards the observation of the learned trial Court to the effect that the 'Entry (Cha)' in the Jamabandi did not show a sale of the plot of land measuring 7 Bighas 1 Katha 14 Lechas, it is forcefully argued that at no point of time, the appellants had have any such land fallen in their shares to which they could claim their title and possession. In any case, as per the learned Counsel, that aspect of the fact needs to be decided at the time of the final hearing of the present title suit but not for granting temporary injunction. 10. It is contended on behalf of the respondent that for entertaining a petition seeking temporary Injunction, the Court has to satisfy itself as regards the existence of three golden principles i.e. (i) the prima facie case, (ii) balance of convenience and (iii) irreparable loss and injury in favour of the appellants and in the instant case, all these three factors are found to be against the appellants as a result of which on being satisfied, the prayer for injunction was rightly rejected. 11. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al on principle. Appellate Court will not reassess the material and seek to reach a conclusion different from the one reached by the Court below if the one reached by that Court was reasonably possible on the material. The appellate Court would normally not be justified in interfering with the exercise of discretion under appeal solely on the ground that if it had considered the matter at the trial stage it would have come to a contrary conclusion. If the discretion has been exercised by the trial Court reasonably and in a judicial manner the fact that the appellate Court would have taken a different view may not justify interference with the trial Court's exercise of discretion.... 14. Settling the proposition of law as regards the power to grant injunction, the Hon'ble Supreme Court in Shiv Kumar's case (supra) in paragraphs 30, 31 and 32 held as under : 30. ... It has been pointed out repeatedly that a party is not entitled to an order of injunction as a matter of right or course. Grant of injunction is within the discretion of the Court and such discretion is to be exercised in favour of the plaintiff only if it is proved to the satisfaction of the Court tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t did not ignore the settled principles of law regarding granting of temporary or interlocutory injunction. 16. Having given anxious consideration to the rival contentions advanced on behalf of the learned Counsel for the parties and also on meticulous examination of the respective pleadings as well as materials available on record, it appears that initially the ex parte order of status quo was granted on 30-1-04 in favour of the appellants but upon extensive hearing of both the appellants and respondents on their appearance by filing written objection against the ex parte interim status quo order, the learned trial Court rejected the prayer for temporary injunction holding that appellant failed to make out a prima facie case for granting such relief of injunction and the appellant would not suffer any irreparable loss and injury by such rejection. 17. Admittedly, the Respondent No. 1 has been in possession of the suit land. 18. In support of the rival contentions, as regard the perverse finding based on 'Entry (Cha)' of the Jamabandi, the learned Counsel for both the parties have submitted respective certified copies of the Jamabandi reflecting the contents in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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