Shri Gian Chand vs Shri Amar Chand and Another

Sanjay Karol, J.—Plaintiff Amar Chand filed a suit for permanent prohibitory injunction restraining the defendants from raising construction over the suit land. The Trial Court, vide order dated 28.7.2011, dismissed the plaintiff''s application for grant of interim injunction. In appeal filed by the plaintiff, the said application stands allowed vide impugned order dated 28.11.2011, passed by Additional District Judge, Fast Track Court, Chamba and the parties have been directed to maintain status quo qua nature and possession of the suit property. It is seen that the land in question was gifted by Gian Chand to the State of Himachal Pradesh for the purposes of construction of a Community Hall. The budget stands sanctioned and the construction activity commenced for the purpose of constructing the Community Hall. In my considered view, the appeal needs to be allowed. The impugned order dated 28.11.2011 is set aside. No public work should suffer on account of disputes between two private groups. The land was gifted in terms of Gift Deed which has not been specifically assailed by the plaintiff in the suit. The settled principles of law for grant of ad-interim relief of injunction i.e. balance of convenience, irreparable loss & injury and prima facie case cannot be said to have been made out by the plaintiff in support of his case. On the contrary, balance of convenience lies in favour of the State, which has also not been impleaded as a party in the suit.

For all the aforesaid reasons, the impugned order dated 28.11.2011 passed by Additional District Judge, Fast Track Court, Chamba is set aside and the appeal is allowed and disposed of. Pending application(s) if any also stand disposed of.