Case Note & Summary
The appeal arose from a suit filed in 1989 in which a temporary injunction was granted by the Bombay High Court. The injunction had been operating for almost 16 years. The appellants, original defendants 2 and 3, appealed against the interim order. The court, after hearing counsel, observed that at such a distance of time, it would be appropriate to avoid deciding the appeal on merits and instead direct early hearing of the suit. The learned counsel for the appellants did not object. Accordingly, the court maintained the interim order dated 29th March 1994 and directed that Suit No.3649 of 1989 be heard at an early date. The appeal was disposed of without examining the merits.
Headnote
A) Civil Procedure - Interim Injunction - Early Hearing of Suit - Where a temporary injunction has been operating for 16 years, the court may avoid deciding the appeal on merits and instead direct early hearing of the suit to finally resolve the dispute. (Paras 2-5)
Issue of Consideration
Whether the appeal against interim injunction should be decided on merits or the suit itself should be heard early given the long pendency.
Final Decision
The court maintained the order dated 29th March 1994 and directed that Suit No.3649 of 1989 be heard at an early date. The appeal was disposed of without examining the merits.
Law Points
- Interim injunction
- early hearing of suit
- avoidance of prolonged interim relief
