Supreme Court Of India
(From : AIROnline 2013 BOM 123)
Pamidighantam Sri Narasimha,
Joymalya Bagchi
, JJ
Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Temporary injunction – Refusal to grant – Correctness of order – High Court was considering appeal against order of Trial Court refusing to grant injunction pending disposal of suit for declaration and permanent injunction – High Court could not have dismissed two prayers for declaratory reliefs thereby dismissing substantive portion of suit itself and directing that remaining part of suit be agitated in a suit filed by defendant – Approach adopted by High Court was completely illegal and unsustainable in law – Suit filed by appellants was restored – Pending disposal of suit, respondents-defendants were restrained from dispossessing appellants.
AIROnline 2013 BOM 123-Reversed
(Para 10
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