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G Channarayappa vs M/S Lakshmi Mallables Private Limited on 7 June, 2011

8. The counsel for the appellants also in support of his arguments relied upon the judgment reported in ILR 2011 KAR 3141 in the case of G CHANNARAYAPPA AND OTHERS vs 11 M/S LAKSHMI MALLABLES PRIVATE LIMITED AND ANOTHER wherein this Court held that while considering the case of temporary injunction, the Court has to take note of prima facie case which certainly would include the nature of the suit and its maintainability. This Court held that when the suit itself is not maintainable and the same has to be considered while granting the temporary injunction, ought not to have granted the relief. The counsel also brought to notice of the Court Sections 38 and 37 of the Specific Relief Act also discussed in the judgment. Hence, the counsel would vehemently contend that the plaintiff has not entitled for any relief.
Karnataka High Court Cites 5 - Cited by 2 - A N Gowda - Full Document
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