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(g) It is made clear that order of temporary injunction passed by the trial Court under Order 39 Rule 1 and 2 of the Code has attributed finality.

(h) The successful litigant/ plaintiff unfortunately was not able to enjoy the fruits of temporary injunction granted by the competent civil Court and had attributed finality up till High Court. The original FARAD CONTINUATION SHEET NO.

10. Having held that the order of temporary injunction is an order within the parameters of section 2 (14) of the Code, now it would be essential to consider, as to whether the order of temporary injunction, passed by the competent Civil Court can be sought to be executed with the mechanism provided under Order 21 of the Code. At this juncture, it would be beneficial to refer to section 36 of FARAD CONTINUATION SHEET NO.

and Registrar's orders.

Rule 32 and also Order of temporary injunction with the assistance of section 36 and Order 21 of the Code.

14. Many a times, winner litigant, so far temporary injunction is concerned, are/ is anxious to seek implementation of the temporary injunction. It would be unjust to say to such litigant to wait till passing of the decree by the civil Court i.e. perpetual injunction. It is more unjustifiable in this era of inter-net. It is for this reason, in my view, section 36 will have to be read with order 21 of the Code.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders.

given to disobedience or breach of injunction.

Consequences are made available under Order 39 Rule 2A (2) of the Code. Many times, litigant holding the order of temporary injunction may be interested only in enjoying his own property by restraining the defendants. He/she may not be interested to seek attachment of the property of the defendant and/ or see the defendant in civil prison as provided under Order 39 Rule 2A of the Code. In substance, an order under Order 39 Rule 1 and 2 and Order 39 Rule 2A operates in two different eventualities. Only because such litigant has filed an application under Order 39 Rule 2A for alleged breach of injunction, his prayer for execution of the temporary injunction order within the parameters of section 36 read with Order 21 of the Code, can not be refused. The order impugned, in this writ petition, in my view, is perverse, relegating the winner litigant/ FARAD CONTINUATION SHEET NO.