Shree Samsthana Mahabaleshwara Deva Gokarna and others vs U.F.M. Ananthraj and others. MFA 100918/2020. Decided on 24 August 2020. Justice E.S. Indiresh.
Judgment link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/338546/1/MFA101088-20-24-08-2020.pdf
Held: 43 The jurisdiction conferred under Article 227 of the Constitution of India, upon this Court is not an appellate one but it is a combination to supervisory and equitable jurisdiction and to do justice and to prevent miscarriage of justice. So also, the power of this Court, while exercising power under XLI Rule 1 CPC, interfere with the discretionary order passed by the trial Court under Order XXXIX Rule 1 & 2 CPC. … the Appellate Court can interfere with an order of the trial Court, only when it finds that the order passed is opposed to the well- settled principles in exercise of judicial discretion.
Held: 45. It is pertinent to mention here that, the Court should abstain from making an interlocutory order, which has the effect or tends to be susceptible of an inference of prejudicing some of the important and delicate issues that require to be decided in the main matter.
45. The existence of prima facie case alone is not the sole criteria for issuance of temporary injunction. The trial Court must examine the facts of each case to decide whether an injunction would be granted or not. The object of interim injunction is to keep things in status- quo. Existence of right is condition precedent to grant or refuse temporary injunction.
48. It is settled principle of law that discretion of the Court, while granting order of temporary injunction in favour of the plaintiffs, must meet following requirements:
- Existence of prima facie as pleaded necessitating protection of rights of issue of temporary injunction.
- When the need for protection of plaintiffs rights is compared with or weighed against the need for protection of defendants rights or material infringement of defendants rights, the balance of convenience in favour of the plaintiffs or defendants.
- Clear possibility of irreparable injury being caused to the plaintiffs if the temporary injunction is not granted. In addition the temporary injunction being an equitable relief, the discretion to grant such relief will be exercised only when the plaintiffs conduct is free from blame and he approaches the Court with clean hands.
58…..The granting or refusing of injunction is a matter resting in the sound discretion within the trial Court and consequently, no injunction will be granted whenever it would operate oppressively, or inequitably or contrary to the real justice of the case.
Compiled by: S.Basavaraj, Daksha Legal.
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