AIROnline 2025 SC 344

Supreme Court Of India

(From : AIROnline 2013 BOM 123)

Hon'ble Judge(s): Pamidighantam Sri Narasimha, Joymalya Bagchi , JJ

Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2— Temporary injunction - Refusal to grant - Correctness of order - High Court was considering appeal against order of Trial Court refusing to grant injunction pending disposal of suit for declaration and permanent injunction - High Court could not have dismissed two prayers for declaratory reliefs thereby dismissing substantive portion of suit itself and directing that remaining part of suit be agitated in a suit filed by defendant - Approach adopted by High Court was completely illegal and unsustainable in law - Suit filed by appellants was restored - Pending disposal of suit, respondents-defendants were restrained from dispossessing appellants. AIROnline 2013 BOM 123-Reversed (Para 10 11 12)