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.