have the
remedy by damage. However, the object of interlocutory injunction is to
protect the plaintiffs-appellants against injury by violation of his right
perpetual injunctions, but also to the cases of interlocutory injunctions. However, in a suit for an injunction, a stronger case of acquiescence was necessary ... that which will suffice to prevent the Plaintiff from obtaining an interlocutory injunction, as per decision Johnson V Wyatt
petition for appointment of guardian for a minor child, an interlocutory application for injunction against the mother to restrain her from in any manner disturbing ... this judgment.
7.In respect of the maintainability of interlocutory application for injunction, as rightly pointed out by the learned Counsel appearing for the appellants
proviso. This Court went into the question as to
whether interlocutory injunction of a mandatory character as against
the prohibitory injunction could be granted ... ignored the settled principles of law regarding grant or refusal of
interlocutory injunction. There was no reason for the Appellate Bench
to interfere
appeal filed the suit for permanent injunction and also sought for interlocutory
injunction pending suit. The interlocutory application came to be dismissed by the trial
powers under Order 39 Rule 1, also under Order 43 in
interlocutory injunction and exercise of discretion by the appellate
court. On the very aspect ... irreparable
loss by the plaintiff in case of refusal of interlocutory injunction
and the same has to be weighed against need to protect defendant
against
context of the
above facts provides a very strong defence for refusing
injunction in favour of the plaintiffs. It is well settled that
lapse ... effect the nature of relief granted. The Court may refuse
interlocutory injunction if the mark is not used for a long
period
injunction contained in the Specific Relief Act . As already stated, in this case the appellant's prayer for an 'interim injunction ... injunction. In exercising its jurisdiction by way of interlocutory injunction, the Court acts upon the principle of preventing irreparable injury. If a covenant is clear
follows :
"Para - 9. Usually, the prayer for grant of an interlocutory injunction is at a
stage when the existence of the legal right asserted ... administration of this form of interlocutory remedy which is
both temporary and discretionary. The object of the interlocutory injunction, it is
stated
committed any
error and/or illegality in refusing to grant interim injunction as
prayed for. It appears to the Court that neither there ... discretionary jurisdiction of the trial court.
126.
The grant of an interlocutory injunction is in exercise of
discretionary power and hence, the appellate courts will