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

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. 

by Shivendra Pratap Singh | Jun 19, 2022 | Property Cases

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

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.  

Author's Profile

Tags:

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Lessor has refused to renew the lease even after receiving entire rent

Jun 14, 2025 |

A business owner in Gujarat faces a legal notice to vacate after their landlord refused to renew a lease, despite accepting rent in advance. Legal experts clarify that payment does not constitute an automatic renewal when written permission is required. While the lease terminates by efflux of time, the tenant may negotiate for sufficient relocation time.

My neighbor has constructed a 6 to 7-foot compound wall

Mar 8, 2025 |

This legal guidance explains the remedies available where a neighbour has raised a high compound wall obstructing light, air, access, or causing nuisance to adjoining property owners. It discusses municipal complaints, civil injunction suits, easement rights, and legal action that may be initiated against unauthorized construction.

My neighbor is constructing a house adjoining to my compound wall

Feb 18, 2025 |

This legal guidance explains the remedies available when a neighbour constructs a building adjoining the compound wall without maintaining the required setback. It discusses municipal complaints, easement rights relating to light and air, temporary injunctions, and civil remedies available to prevent unauthorized or nuisance-causing construction.

Suit dismissed for defect in parties

Jan 19, 2025 |

This legal guidance explains the consequences of dismissal of a civil suit due to non-joinder or misjoinder of necessary parties. It discusses the remedy of impleading proper parties, restoration or refiling of the suit, amendment of pleadings, and the legal principles governing defect in parties under the Civil Procedure Code.