The Appellate Court cannot usurp the jurisdiction of trial court against the order granting temporary injunction: Rajasthan High Court
It is not permissible in law for the appellate court to usurp the territorial jurisdiction of trial court to grant temporary jurisdiction is upheld by the Jaipur Bench of the Rajasthan High Court through a single bench of Hon’ble Mr. Justice Sudesh Bansal in the case of Rudresh Jhunjhunwala and Others v. Satish Kumar and Others (Civil Miscellaneous Appeal No. 136/2022).
Brief facts of the case are that the main contention before the is whether is it permissible in law for appellate court to override the territorial jurisdiction of trial court while granting temporary injunction. The case pertains to a land dispute wherein the defendants executed a sale deed with the plaintiffs for 0.41 hecter land for the consideration of Rs. 56,30,000/- and in the back drop of this deed defendant wants to sell the land to some other person(s). The plaintiffs filled a suit in trial court for specific performance of the sale deed and obtained a temporary injunction against sale of land to some other person.
The defendants argued on the authenticity of the sale deed and claimed that it did not contain specifications and parameters of the land, and hence, is void under section 29 (Agreements Void of uncertainty) of the Indian Contract Act, 1872. Defendant argued that the sale deed was not registered or stamped and therefore its authenticity is inconclusive.
The Court examined the interim order of the trial court and observed that the trial court prima facie held the case in favor of the plaintiffs as the defendants accepted the authenticity of their signatures on the sale deed and they did not allege forging of the same. Furthermore, the defendants have already registered a part of the disputed land in favor of the plaintiff’s father and their contention that this transfer is challenged in another application is irrelevant in the present case. Therefore the court held that the appellant’s contention on validity and authenticity of the sale deed cannot be examined at the present case and is to be decided by the trial court in its proceedings and “it is not permissible in law to usurp the jurisdiction of trial court by the appellate court … against the order of grant of temporary injunction.”
Judgement reviewed by- Paras Jindal