AIR 1975 ANDHRA PRADESH 187

Andhra Pradesh High Court

Hon'ble Judge(s): S. Obul Reddi , C.J. AND Madhusudan Rao , J

Civil P.C. (5 of 1908) , O.39 R.1— Temporary injunction - When can be granted - Principles. The grant or refusal of a temporary injunction is covered by three well established principles viz., (1) whether the petitioners have made out a prima facie case (2) whether the balance of convenience is in their favour i.e., whether it would cause greater inconvenience to them if the injunction is not granted than the inconvenience which the opposite party would be put to if the temporary injunction is granted and (3) whether the petitioners would suffer irreparable injury. With the first condition as sine qua non, at least two conditions should be satisfied by the petitioners conjunctively and a mere proof of one of the three conditions does not entitle them to obtain a temporary injunction in their favour. (In the instant case, the temporary injunction was refused as none of the said conditions was satisfied.)(Para 15) @page-AP188