Bench:Virender Singh
3 IP cases indexed. Covers patent, other matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Rajesh Kumar & Others v.Jwala Devi
This petition under Article 227 of the Constitution of India was filed by Rajesh Kumar and others challenging the order dated 9.1.2025 passed by the Additional District Judge, Ghumarwin, which allowed the plaintiff's appeal and granted an interim mandatory injunction in a suit for permanent prohibitory injunction. The trial court had originally dismissed the plaintiff's application under Order 39 Rules 1 and 2 of the CPC. The High Court allowed the petition, set aside the appellate court's order, and restored the trial court's order, holding that the appellate court acted as a trial court without recording perversity in the trial court's findings.
Kanti Bhushan v.Kushal Singh
The petitioner Kanti Bhushan filed a petition under Article 227 of the Constitution of India challenging the order dated 24.06.2026 passed by the First Appellate Court (Additional District Judge-I, Mandi), which had set aside the trial court's status quo order granted under Order 39 Rules 1 and 2 CPC. The High Court of Himachal Pradesh allowed the petition, holding that the First Appellate Court had improperly converted itself into a trial court and reassessed the matter without first finding that the trial court's order suffered from perversity.
Jagdev Chand (Since Deceased) Through LRs v.Gurbaksh Singh & Anr
This petition under Article 227 of the Constitution of India was filed by Jagdev Chand (since deceased) through his legal representatives, challenging the order dated 23.04.2024 passed by the First Appellate Court (District Judge, Una) which had partly allowed an appeal filed by respondent Gurbaksh Singh. The respondent had sought a temporary injunction under Order 39 Rules 1 and 2 CPC in a suit concerning jointly owned land, which was initially dismissed by the trial court. The High Court set aside the First Appellate Court's order and restored the trial court's order dismissing the injunction application, holding that the appellate court erred in interfering with the well-reasoned findings of the trial court without recording any finding of perversity.
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