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Ram Ratan vs . Narender Kumar on 25 February, 2015

15­ Upon examining the case of the plaintiff on the touchstone of the aforesaid observation, I find that grave prejudice and mischief would be caused to the plaintiff, if the injunction, as prayed for, is not granted. It is the admitted fact that the possession of the suit property lies in favour of the plaintiff. It is also pertinent to mention here that it is trite now that if the plaintiff is in the admitted possession of the suit property, his possession cannot be disturbed except under the due process of the law. It was observed by the Rajshthan High Court in Shetra Pal Vs. Renu AIR 2002 Raj. 159 that injunction are granted to protect the possession of the person in possession in view of the fact that status quo is to be maintained during pendancy of the suit with the sole and pious object that the parties must not take law in their hands.
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