Case Note & Summary
The petitioner, Sandeep Vijayrao Ingle, filed a writ petition challenging the order dated 01.02.2020 passed by the 17th Joint Civil Judge, Senior Division, Nagpur, rejecting his application for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC). The petitioner had filed a suit for declaration and permanent injunction against the respondents, who included trustees and trust associations, claiming ownership and possession of a property. The trial court held that the petitioner failed to establish a prima facie case, the balance of convenience was not in his favor, and the suit was not maintainable without leave under Section 92 CPC. The High Court, after hearing arguments, found no infirmity in the impugned order and dismissed the writ petition, upholding the trial court's findings.
Headnote
A) Civil Procedure - Temporary Injunction - Order 39 Rules 1 and 2 CPC - Prima Facie Case - The petitioner sought injunction to restrain respondents from interfering with his possession and from alienating trust properties. The trial court rejected the application holding that the petitioner failed to establish a prima facie case and that the balance of convenience was not in his favor. The High Court upheld the order, noting that the petitioner's title was disputed and the suit property was trust property. (Paras 1-10) B) Civil Procedure - Maintainability of Suit - Section 92 CPC - Leave of Court - The suit was filed without obtaining leave under Section 92 CPC, which is mandatory for suits against trustees. The High Court observed that the suit was not maintainable without such leave, and the trial court's finding on this aspect was correct. (Paras 11-15)
Issue of Consideration
Whether the trial court was justified in rejecting the application for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908, and whether the suit was maintainable without obtaining leave under Section 92 of the CPC.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order rejecting the temporary injunction.
Law Points
- Temporary injunction
- prima facie case
- balance of convenience
- irreparable loss
- Order 39 Rules 1 and 2 CPC
- Section 9A CPC
- maintainability of suit without leave under Section 92 CPC
