Allahabad High Court
RAFIQ AND 5 OTHERSversusAAS MOHAMMAD AND 3 OTHERS
- Decided
Holding
The appellate court set aside the trial court’s dismissal and remitted the case for fresh consideration with an opportunity to submit the latest record of rights.
Summary
The appellants filed a suit for permanent injunction and, during the proceedings, applied for a temporary injunction. The trial court dismissed the temporary injunction application on the ground that the appellants had not produced the latest record of rights (Khatauni) for the disputed agricultural land. The appellants argued that they had in fact submitted the required document and that the court should have given them an opportunity to correct the deficiency rather than dismissing the application outright. The High Court held that the trial court’s approach was inappropriate, as procedural fairness requires an opportunity to file the missing record before rejecting the injunction. Consequently, the appellate court set aside the trial court’s order, remitted the matter for a fresh decision within 45 days, and directed that both parties be given a hearing on the injunction application.
Issues considered
- Whether a trial court can dismiss a temporary injunction application solely on the ground of non‑production of the latest record of rights without affording the plaintiff an opportunity to file it.
Subjects
- injunction
- temporary injunction
- record of rights
- procedural fairness
- civil procedure
- remand
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
FIRST APPEAL FROM ORDER No. - 2704 of 2026
Rafiq And 5 Others
.....Appellant(s)
Versus
Aas Mohammad And 3 Others
.....Respondent(s)
Counsel for Appellant(s) : Deepak Kumar Jaiswal
Counsel for Respondent(s) :
Court No. - 54
HON'BLE ANIL KUMAR-X, J.
1. This appeal has been filed by the appellants with a prayer that this
Hon'ble Court may be pleased to allow the appeal and set aside the
impugned order/formal order dated 29.08.2026/03.09.2026 passed by
Civil Judge (Senior Division) Bulandshahar in O.S. No. 784 of 2026 or
pass such other and further order as this Hon'ble Court may deem fit and
proper in the facts and circumstances of the case.
2. Learned counsel for the appellant submitted that a suit for permanent
injunction was instituted by him. During the pendency of proceedings, he
moved an application seeking temporary injunction before the learned trial
court but the same was rejected by it on the ground that appellant/plaintiff
has not filed the latest/current record of rights of the disputed agricultural
land. It was contended that latest record of rights of the concerned land was
submitted by the appellant.
3. Heard learned counsel for the appellant and perused the impugned
judgment and order.
4. It is very much apparent that the injunction application of the
appellant/plaintiff was dismissed on the sole ground that he has failed to
submit the latest record of rights of the disputed land. The approach adopted
by the learned trial court for rejecting the temporary injunction application is
not appropriate. If the court was of the view that orders in respect of the
application cannot be passed in absence of the latest Khatauni, it could have
provided an opportunity to the plaintiff for filing the same.
FAFO No. 2704 of 2026
2
5. Therefore, the impugned order dated 29.08.2026 is set aside. This matter
is remitted back to the learned trial court to pass a fresh order upon the
injunction application filed by the appellant/plaintiff within a period of 45
days after affording him an opportunity to file the latest record of rights of
the disputed land. An opportunity of hearing shall also be afforded to
respondent/defendant.
6. Accordingly, the appeal is allowed to the extent as indicated above.
(Anil Kumar-X,J.)
September 23, 2026
Neeraj
Digitally signed by :-
NEERAJ KUMAR SINGH
High Court of Judicature at Allahabad
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