Case Note & Summary
The plaintiff filed an interim application seeking temporary injunction for restoration of possession of the suit premises during the pendency of the suit. The suit was for specific performance and possession. The court considered the submissions of both sides and found that the plaintiff had established a prima facie case, the balance of convenience was in his favor, and he would suffer irreparable loss if the injunction was not granted. The court directed restoration of possession subject to certain conditions. The judgment was delivered by Justice Sandeep V. Marne on 13 October 2025.
Headnote
A) Civil Procedure - Temporary Injunction - Restoration of Possession - Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 - Plaintiff sought interim restoration of possession of suit premises pending suit for specific performance and possession - Court held that plaintiff had made out a prima facie case, balance of convenience was in his favor, and he would suffer irreparable loss if injunction was not granted - Directed restoration of possession subject to conditions (Paras 1-21).
Issue of Consideration
Whether the plaintiff is entitled to a temporary injunction for restoration of possession of the suit premises during the pendency of the suit.
Final Decision
The court allowed the interim application and directed restoration of possession of the suit premises to the plaintiff, subject to conditions.
Law Points
- Temporary injunction
- restoration of possession
- prima facie case
- balance of convenience
- irreparable loss
- specific performance
- possession suit
- interim relief
