AIR 1999 ORISSA 49 ::(1999) 2 CivilCourtC 125 ::1998 (2) OrissaLR 404

Orissa High Court

Hon'ble Judge(s): P. K. Misra , J

Civil P.C. (5 of 1908) , O.39 R.1— Temporary injunction - Grant of - Principles to be followed - Existence of prima facie case - However, factors of irreparable loss and balance of convenience in favour of defendant - Injunction could not be granted. In order to obtain an interlocutory injunction, it is not enough for the plaintiff to show that he has a prima facie case. He must further show that in the event of withholding the relief of temporary injunction, he will suffer an irreparable injury. The plaintiff should establish that the balance of convenience is in his favour or, in other words, his inconvenience in the event of withholding the relief of temporary injunction will in all events exceed that of the defendant in case he is restrained. The plaintiff must also show a clear necessity for affording immediate protection to his alleged right which would otherwise be seriously injured or impaired.(Para 6) In instant case it cannot be said that there is no prima facie case in favour of the plaintiff. But even assuming that there is a prima facie case, the question is whether an irreparable loss would be caused to the plaintiff if injunction is not granted and further whether balance of convenience was in favour of the plaintiff. The injunction sought in instant case is against alienation and against making any construction ....