Sri Shyam Kumar Panja & Anr vs Lakhiniwas Chittlangia on 11 September, 2019
The ratio decided in the case of Lekjan Bibi (supra) and Manoj (supra) are
squarely applicable to the facts of this case. We are of the view that the
plaintiffs have a prima facie case to go for trial. The balance of convenience and
inconvenience is in favour of the plaintiff/appellant herein and the
plaintiff/appellant will suffer irreparable loss and injury unless an order of
injunction restraining the defendants/respondents from changing the nature
and character of the suit property is passed. The impugned order thus suffers
from infirmity and the same is set aside. The defendants/respondents are
restrained by an order of injunction from changing the nature and character of
the suit property till the disposal of the suit. The appeal is thus allowed.