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1 - 4 of 4 (0.15 seconds)Sree Jain Setambar Terapanthi Vid (S) vs Phundan Singh And Ors on 9 February, 1999
Plaintiffs have not even
placed on record any photographs to atleast prima facie
establish that defendants are indulging in any such
construction. Also, it must be noted here that the present suit
has been filed by the plaintiffs seeking a decree of possession
as well as mesne profits and future damages. No relief has
been sought by the plaintiffs/applicants for restraining the
defendants from raising any construction or causing any
structural changes in the suit property in the main suit. It was
held in the case of Sree Jain Swetambar Terapanthi Vid Vs
Phundan Singh 1999 (2) SCC 377 that where interim relief
has not been claimed by the plaintiff in the main suit, interim
injunction beyond the scope of the suit cannot be granted.
Section 10 in The Code of Civil Procedure, 1908 [Entire Act]
Jayantilal A. Khatri vs Bhagwandas V. Khatri on 12 July, 2000
I
also rely upon the case of Jayatilal Khatri Vs Bhagwandas
Khatri 2001 AIHC 1461 (Guj) wherein it was held that interim
injunction cannot be granted where perpetual injunction for
similar relief has not been prayed in the suit. In the instant
case, as has already been observed above, the relief claimed
in the present interim injunction application has not been
sought by the plaintiffs in the main suit.
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