Paid Advise

What remedy available against rejection of application for temporary injunction under U.P. Land Revenue Code? 

Shivendra Pratap Singh



Reading Time:

Question: I have filed a suit under Section 146 of Uttar Pradesh Land Revenue Code for temporary injunction. That suit has been dismissed by the court without stating a good reason thereof. What remedy available against rejection of application for temporary injunction under U.P. Land Revenue Code? The opposite party in trying to capture my land therefore, I have filed a suit for the temporary injunction. My advocate is confused about the next stage. He is in dilemma to file an appeal or revision. Please help. 

Asked from: Uttar Pradesh 

A party to the suit can seek temporary injunction as an interim remedy. You have been seeking that remedy during the proceeding of declaratory suit. Hence, disposal of application for temporary injunction does not mean that a suit has disposed of.  

Disposal of such an application for temporary injunction is an appealable order under Order 43 Rule 1 of the code of civil procedure. According to Section 214 of the U.P. Revenue Code, the provisions of code of civil procedure shall apply in the proceeding under the revenue code. The analogous provisions have been given in Section 207 of the Revenue Code.   

Your advocate is treating the refusal of temporary injunction as a refusal of stay. Consequently, he is in dilemma to either file a revision or an appeal.   

Section 209 of the revenue code specifically bars the institution of appeal against granting or rejecting the order of stay. There is difference between injunction and stay.  

The order of stay is against the judicial proceeding but the injunction order is against the party. You have filed an application for granting temporary injunction. Thereby you are seeking to stop the party from interference in your property. This is not a stay order hence, provisions of Section 209 do not attract.  

In Mulraj vs Murti Raghonathji Maharaj [AIR 1967 SC 1386]; the Supreme Court was held that an order of injunction is generally issued to a party by which it is forbidden from doing certain acts whereas a stay order is addressed to a court which prohibits it from proceeding further. 

An injunction is not synonymous since an injunction refers to an order requiring a person to act or refrain from acting and a stay is a temporary suspension of legal proceedings. 

Therefore, the bar of Section 209 of Revenue Code shall not apply in your case. So, you should file an appeal under Section 207 of the Revenue Code.  

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Appeal against dismissal of interlocutory application

Question: Appeal against dismissal of interlocutory application. My Grandparents had 7 children and among them 4 sons and 3 daughters. Joint family property is around 130 acres which was divided among all family members under Registered Family Settlement (RFS) in 1972...

Sale deed time out

Question: We had sold our land to a company back in 2018. He kept delaying registration but he paid us in instalments. We have around 70% of the total amount but we haven't been in touch for the last 2 years. We have filled our presence in tehsil on the last decided...

Can husband gift mother’s property to his second wife?

Question: Can husband gift mother’s property to his second wife? My husband married me after his divorce. He has a daughter from his first marriage and is living with her mom. I have also a daughter. My question is that if my husband gift me his mother's property to...

Can a Builder charge interest on Maintenance?

Question: Can a Builder charge interest on Maintenance, Maintenance security deposit, Prime lending charges (PLC), and Documentation charges? The property was already built and ready to move. But due to a delay in payment, I had not taken possession yet.  Although I...

Recovery of money from elder brother

Question: My elder brother and two sons took a loan from me for agricultural land development and my brother gave surety for that amount. Later my brother's sons did not return money so went into court and in court my brother agreed that “he needed to pay money for my...

Buying property without home loan 

Question: I have booked a flat for Rs. 51000 in Badlapur, Maharashtra. The price of that 1 bhk is 28 lakhs. I am buying that property without a home loan. The builder said you will get possession till the end of July 2022. But the housing website is showing June 2023...

How to recover possession of my land?

Question: Buyer has illegally encroached on my grandfather's property. In this condition please suggest how to recover possession of my land? I am fighting for my grandfather's property. My Grandfather has agricultural land of about 17 acres. In 1988 my grandfather...

Builder address not available for RERA filing 

Question: Can we file a case against the builder if his address is not available for RERA filing? Builder address given during registration not active. How to file a complaint to RERA if the builder address is not found to send a summon. He has left that office but...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.