AIR 1981 GOA, DAMAN AND DIU 34

Goa, Daman and Diu Judicial Commissioner's Court

Hon'ble Judge(s): K. M. Mishra , J

Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Interim injunction - Grant of - Matters to be considered. It is well settled that a Court while considering the grant of a temporary injunction has to satisfy itself as to whether its interference is necessary to protect the party applying for such relief from the particular type of injury which the Court would call 'irreparable' before the legal right of the party is established at the trial. The Court is further required to examine what would be comparable mischief and inconvenience that would result from a refusal of such an injunction. It is only on a careful consideration and comparison between the convenience of two sides, the Court should proceed to record a judicial verdict as to the grant or refusal of such an interim relief. AIR 1951 Pat 226 and AIR 1959 Ker 277, Rel. on.(Para 10 13)