first appellate court will take into consideration whether the
second application for temporary injunction was barred by principle of res
judicata, issue estoppel ... Court is not unmindful of the fact that in the second application for
injunction it was pleaded relying on the recital of the deed
moving a second application of temporary injunction during puja vacation almost on the same materials when the earlier application for temporary injunction where ad interim ... plaintiff. Therefore, practically on the basis of same materials the second injunction application was filed. If the Board fixed December 6, 2004 for submission
consideration before the learned trial Court.
Thereafter, the petitioners filed second application for
temporary injunction stating therein that respondents No.1 & 2
and their ... dismiss the
temporary injunction application. The respondents No.3 to 7 also
filed reply to the said temporary injunction application stating
therein that they
there was no occasion for the plaintiff to have
filed second application for temporary injunction for the same relief without
any change of circumstance ... Court vide impugned
judgment Annexure P-11 while allowing the second application for
temporary injunction did not advert to the aforesaid material fact
second application, he prayed for re-delivery of the property; in the third application, he prayed for an interim injunction restraining the petitioner herein from ... application for injunction, there is an order that the application was not maintainable. It is not known, how on earth the second respondent
suit, referred to supra.
4. In the suit, a second application seeking temporary injunction under Order 39 Rule 1 & 2 read with ... lower appellate court concurred in partly allowing the second temporary injunction application moved by the plaintiff-respondent.
9. In my view, the finding arrived
circumstances of the case, and hence the impugned order is without
application of mind and perverse and hence same deserves to be
quashed ... injunction came to be
dismissed for default, and thereafter, second application for injunction
was also came to be rejected against which the Petitioner has filed
were filed by the Trade Union. While in the first application, an interim injunction was sought for restraining the said Jayapalan from holding himself ... Union (Regd. No. MDS/461) pending the suit. In the second application, an injunction was sought against the Management (Rane Brake Lining Company
revenue record.
Learned senior counsel further submits that when earlier application
filed by the plaintiffs under Order 39 Rules ... plaintiffs
further, the order has attained finality and, therefore, second application
for injunction filed in the garb of Order 39 Rule
have emerged subsequently. Therefore, he would
contend that the second application for issue of temporary
injunction filed on account of change in circumstances ... learned Senior Counsel appearing for the
petitioners that the second application seeking interim
injunction is not maintainable cannot be acceded to. The
plaintiffs are asserting
