Case Note & Summary
The petitioner, original plaintiff, filed a suit for injunction against the respondents (defendants) in respect of a suit property. The Trial Court granted ad-interim injunction on 6 December 1997 and confirmed it by order dated 29 December 1997, restraining the respondents from creating third party interests and from disturbing the petitioner's possession. The respondents appealed, and the Appellate Court by judgment dated 31 July 1998 set aside the Trial Court's order. The petitioner challenged this appellate order by way of a writ petition. The High Court held that the Appellate Court had exceeded its jurisdiction by reappreciating the evidence without recording a finding that the Trial Court's discretion was exercised arbitrarily or perversely. The High Court allowed the writ petition, set aside the Appellate Court's order, and restored the Trial Court's order of temporary injunction.
Headnote
A) Civil Procedure - Temporary Injunction - Appellate Court's Interference - Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 - The Appellate Court set aside the Trial Court's order granting temporary injunction by reappreciating the evidence on record without recording a finding that the Trial Court had exercised its discretion arbitrarily or perversely. Held that the Appellate Court exceeded its jurisdiction and the impugned order was liable to be set aside (Paras 3-5).
Issue of Consideration
Whether the Appellate Court was justified in interfering with the discretionary order of temporary injunction granted by the Trial Court without recording a finding that the Trial Court had exercised its discretion arbitrarily or perversely.
Final Decision
The High Court allowed the writ petition, set aside the impugned judgment and order dated 31 July 1998 passed by the Appellate Court, and restored the order dated 29 December 1997 passed by the Trial Court granting temporary injunction. The petition was dismissed as against respondent No.1.
Law Points
- Temporary injunction
- Appellate court jurisdiction
- Reappreciation of evidence
- Discretionary order
- Prima facie case
- Balance of convenience
- Irreparable loss
Case Details
2010 LawText (BOM) (01) 475
WRIT PETITION NO.5182 OF 1998
Ms Snehal Ratnakar h/f Ms Suhasini Mutalik for the petitioner
Vishwanath Bhikaji Bhondave (dismissed), Smt.Shantabai Barku Snawane, Sou Janabai Ramchandra Gopale, Smt.Kamalabai Kashinath Kawade, Subhadrabai Mahadu Chavan
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Nature of Litigation
Civil suit for injunction and temporary injunction application.
Remedy Sought
Petitioner sought restoration of temporary injunction granted by Trial Court.
Filing Reason
Appellate Court set aside the Trial Court's order granting temporary injunction.
Previous Decisions
Trial Court granted ad-interim injunction on 6 December 1997 and confirmed it on 29 December 1997. Appellate Court set aside that order on 31 July 1998.
Issues
Whether the Appellate Court was justified in interfering with the discretionary order of temporary injunction granted by the Trial Court without recording a finding that the Trial Court had exercised its discretion arbitrarily or perversely.
Submissions/Arguments
Petitioner argued that the Appellate Court exceeded its jurisdiction by reappreciating evidence without finding that the Trial Court's discretion was exercised arbitrarily or perversely.
Ratio Decidendi
An Appellate Court hearing an appeal against an order granting or refusing temporary injunction should not interfere with the discretion exercised by the Trial Court unless the Trial Court has exercised its discretion arbitrarily, perversely, or in ignorance of settled principles of law. The Appellate Court cannot reappreciate the evidence and substitute its own discretion.
Judgment Excerpts
The Appellate Court has reappreciated the evidence on record and has come to a different conclusion. The Appellate Court has not recorded a finding that the Trial Court has exercised its discretion arbitrarily or perversely. Therefore, the Appellate Court has exceeded its jurisdiction.
Hence, the impugned judgment and order dated 31st July 1998 passed by the Appellate Court is set aside. The order dated 29th December 1997 passed by the Trial Court granting temporary injunction is restored.
Procedural History
The petitioner filed a suit for injunction. The Trial Court granted ad-interim injunction on 6 December 1997 and confirmed it on 29 December 1997. The respondents appealed, and the Appellate Court set aside the Trial Court's order on 31 July 1998. The petitioner filed a writ petition in the High Court challenging the Appellate Court's order. The High Court allowed the writ petition on 4 January 2010.
Acts & Sections
- Code of Civil Procedure, 1908: Order XXXIX Rules 1 and 2
