4. On the other hand, learned counsel for the
respondents vehemently opposed the injunction petition and
submitted that the appellate court has rightly held that the sale
deed dated 29.10.1958 is forged which is the final court of fact
and cannot be reversed in the Second Appeal and the land in
question is an agricultural land. So the injunction cannot be
granted in the subject matter. Learned counsel for the
respondents has also placed reliance in the case of State of
Patna High Court SA No.429 of 2018(18) dt.13-12-2024
4/6Kerala Vs Union of India reported in AIR 2024 SC (Civil) 1114
wherein the appellate court has held that:-
10. Apparently, directions issued by the Trial Court
are beyond scope of stipulations in the Government
Resolution dated 6.10.1994. Admittedly, in pursuance to
decision of the Government, lease agreement was never
executed nor allotment of land was made. Government
decision was valid only for two years and if such decision
7 SA 350.97.odt
was not implemented, plaintiff cannot claim right in
perpetuity to seek implementation of decision, which had
life for limited period of two years. This Court, therefore,
holds that the decree, as passed by the Trial Court and
confirmed by the District Court is contrary to stipulations in
Government Resolution dated 6.10.1994, by which approval
for allotment of open space in favour of plaintiff for limited
period of two years was accorded. Therefore, decree in
nature of perpetual injunction to continue lease for two
years from the date of execution of terms and conditions of
lease deed cannot be countenanced. When decision itself
was not implemented and lease-deed is not executed;
plaintiff cannot claim any right, particularly, entitlement to
seek a decree of mandatory injunction. At this stage, it can
be observed that there is vast difference in a concept of
prohibitory and mandatory injunction. The parameters to
grant such relief can be best understand by referring to
observations of Supreme Court of India in case of State of
Kerala Vs. Union of India reported in (2024) 7 SCC 183
Particularly, in para no. 14, which reads thus :-
13. Extensive reliance was placed upon a recent decision of the Hon'ble
Supreme Court in the case of State of Kerala vs. Union of India reported in
(2024) 7 SSC 183 and it was contended that the Tribunal was obligated to
consider the prima facie case of the Petitioner which was not considered by it,
and, in a mechanical manner order of pre-deposit/waiver was passed.
Petitioner vehemently submitted that it made all payments to its contractors
including security agencies through banking channel and even furnished
details of the contractors to the Adjudicating Authority. However,
Adjudicating Authority without even conducting any enquiry from the
contractors who were registered under EPF Act proceeded to pass the
adjudication order fastening liability upon Petitioner.
13. Extensive reliance was placed upon a recent decision of the Hon'ble
Supreme Court in the case of State of Kerala vs. Union of India reported in
(2024) 7 SSC 183 and it was contended that the Tribunal was obligated to
consider the prima facie case of the Petitioner which was not considered by it,
and, in a mechanical manner order of pre-deposit/waiver was passed.
Petitioner vehemently submitted that it made all payments to its contractors
including security agencies through banking channel and even furnished
details of the contractors to the Adjudicating Authority. However,
Adjudicating Authority without even conducting any enquiry from the
contractors who were registered under EPF Act proceeded to pass the
adjudication order fastening liability upon Petitioner.