2016 (1) ABR 94 ::(2015) 5 AllMR 745 (BOM) ::(2015) 6 Mah LJ 680 ::(2015) 3 CurCC 64

Bombay High Court

Hon'ble Judge(s): F. M. Reis , J

( A ) Civil Procedure Code (5 of 1908) S. 104 , O. 9, Rr. 1, 2 — Temporary injunction — To restrain petitioners from doing any construction activity in suit property — Refusal to grant by trial court on ground that party seeking injunction failed to prove actual injury on account of development carried out by opposite party — No prima facie case to grant injunction was made out — Appellate court interfering with order of trial court and granting injunction without considering these facts — Without examining that if ongoing development was stopped, party seeking such relief has to be put on terms to ensure that in case he does not succeed in suit aggrieved party would be adequately compensated — Without considering that applicant has failed to prove that construction put up by opposite party was is illegal Order of appellate court liable to be set aside. (Paras1416181921)