Or. 39 rule 1 & 2 CPC – prima facie when the petitioner could not establish his possession in the above said I.A., the relief could not be granted, unless the matter is further gone into the merits with regard to the title and possession in the main suit.

Or. 39 rule 1 & 2 CPC – prima facie when the petitioner could not establish his possession in the above said I.A., the relief could not be granted, unless the matter is further gone into the merits with regard to the title and possession in the main suit. 

https://freelegalconsultancy.blogspot.com/2020/09/or-39-rule-1-2-cpc-prima-facie-when.html

Trial Court

Unregistered Will -vs- Registered Will

In such circumstances, no temporary injunction can be granted at this juncture the trial court came to a conclusion that the factum of possession would be decided in the main suit and thus the petitioner has failed to establish his prima-facie case and balance of convenience in his favour and as such, the petitioner is not entitled for temporary injunction as prayed for and there would be no irreparable loss to the petitioner, even if temporary injunction is refused

CMA

After hearing both sides, the IX Additional District Judge, Machilipatnam observed that as per the proceedings of Revenue Divisional officer, dated 20.09.2019, Pattadar pass book issued in favour of the petitioner was cancelled and his family member certificate was also cancelled and as such, he is not entitled for equitable relief of injunction. The petitioner as well as the respondents are claiming title over the petition schedule property. When there is a serious dispute with regard to the title between the parties, simple suit for permanent injunction is not maintainable. In these circumstances, it is not just and proper to grant temporary injunction in favour of the petitioner. Accordingly, the CMA was dismissed,

CRP

Having regard to the facts and circumstances, since both the Courts below have come to a conclusion on prima facie that the petitioner could not establish his possession in the above said I.A., the relief could not be granted, unless the matter is further gone into the merits with regard to the title and possession in the main suit. In such circumstances, no temporary injunction can be granted at this juncture and as such, this Court is not interfering with the orders of the Courts below. Accordingly, the Civil Revision Petition is dismissed