Regarding the temerorey injunction
Adv M.D.Azhar
(Querist) 06 July 2012
This query is : Resolved
Dear sir we are defending the suit in which plaintiff have file the suit for temporary injunction. this suit is regarding the dispute of the sale deed now sir we need a judgment which can states that in every suit temporary injunction is not necessary in the all suit, is their any judgment of the s.c. court which held that temporary injunction is not necessary to be given in all the cases. if have so please give me the citation.
Adv.R.P.Chugh
(Expert) 06 July 2012
Dear Azhar,
Temporary Injunction is to be passed only when the person seeking the same has a good prima facie case in his favour, where the balance of convinience lies in his favour, his conduct has been forthright - and has come to the court with clean hands & where the person is not guilty of delay and laches.
This is the acid test of grant of injunctions.
For judgments see : Indian Kanoon or have faith in your lawyer
ashutosh mishra
(Expert) 06 July 2012
Yes!Brother Chug rightly demonstrated you parameters on which temporary injunctions are granted.
It should be understood by you with clarity that in every suit of perpetual injunction,
may be additional reliefs are also sought, the court would be inclined to preserve the as it is situation of property in dispute pending final decision provided the court finds a right to be adjudicated between two contestants.
