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Showing posts with label interim injunction. Show all posts
Showing posts with label interim injunction. Show all posts
Wednesday, March 6, 2013

whether on restoration of a suit an order of injunction passed is automatically revived or not. - I am, therefore, of the opinion that the interim order of injunction did not revive on restoration of the suit. The Courts, however, would be well-advised keeping in view the controversy to specifically pass an order when the suit is dismissed for default stating when interlocutory orders are vacated and on restoration of the suit, if the court intends to revive such interlocutory orders, an express order to that effect should be passed.

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http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 11 CASE NO.: Appeal (civil) 2634 of 2004 PETITIONER: VAREED JACOB RESPONDENT: S...
Saturday, October 20, 2012

No interim injunction - Apart from that it is also not stated as to at what time on 06-02-2012, defendant Nos.3, 4 and 5 came to the schedule of property and threatened him. There is also nothing on record to know whether he initiated any criminal proceedings against defendant Nos.1 and 2 etc., as stated by him in paragraph No.7 of the plaint, and if not why. it is apparent that there is a dispute with regard to ownership over the schedule of property between defendant Nos.1 to 5 on one hand and defendant Nos.6 and 7 on the other and the same cannot be decided in the present proceedings and even determination of the same also not helpful to the plaintiff since he failed to prove his tenancy over the schedule property and that as per Ex.B-4 letter of the Tahsildar, Malkajgiri Mandal, Ranga Reddy District to the Station House Officer, Malkajgiri Police Station dated 17-12-2011, he is a trespasser over plot No.14 of schedule property and patta for the schedule property is in the name of the predecessor of defendant Nos.1 to 4. Thus, there is no prima facie case or balance of convenience in favour of the plaintiff for granting temporary injunction and if the same is not granted no loss much less irreparable loss would be caused to the plaintiff.

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THE HONOURABLE SRI JUSTICE B.N. RAO NALLA         CIVIL MISCELLANEOUS APPEAL No.644 OF 2012         05-10-2012 T. Satyanarayana Y....