garb of injunction order is an
abuse of the process of law and that the second injunction application
filed was an abuse of the process ... That after the second injunction application was
dismissed by the Appellate Court on 19.11.2001, the plaintiff, Sh.
Surat Singh, withdrew his suit on 16.09.2002 alleging
dated 20.04.2018 passed by
the learned Trial Court dismissing the second interim injunction
application of the plaintiff under Order 39 Rules ... learned Trial
Court vide impugned order dated 20.04.2018 dismissed the second
injunction application of the plaintiff.
10. The appellant has challenged the impugned order
injunction" and not an order of injunction.
Meaning, it would apply in all cases where
interim injunction application has been
decided. Secondly, even where ... reopened time and again before the same
Court. If therefore, interim injunction
application has been disposed of after
byparte hearing, at the instance
relief sought was permanent
injunction. Though interim injunction was granted, while passing final order,
interim injunction application was dismissed. The second defendant had taken ... dismissed the interim
injunction application filed by the plaintiff. The second defendant also
denied all the averments made with respect to the first defendant
such allegation. It was initially only
in the first application for the grant of injunction that in a paragraph
it has been mentioned that ... similar bald
averment alleging fraud is also contained in the second application
for injunction relating to bank guarantee No. 40/47. This
plaintiff, the trial court rejected the application for injunction filed by the
defendants.
Admittedly, this order of injunction is still in force and the defendants ... will
operate as res judicata against the defendants and the second application for injunction
cannot be entertained.
Principle of res judicata is intended not only
contended on behalf of
the Judgment debtors that the second execution application was
barred by limitation having been filed beyond 12 years from the date ... application. He submitted that this is totally
incorrect. The prayers in the two execution applications are
different. The second application is a fresh execution application
Munsif Court, Tenkasi, seeking declaration and permanent
injunction. Pending suit, the second respondent has filed an application in
I.A.No.438 of 2017 seeking ... above said
survey number. The trial Court allowed the application and granted interim
injunction. Aggrieved over the same, the petitioner has filed a miscellaneous
appeal
attorney in
favour of second defendant, renewal agreement is said
to have been entered into by the plaintiffs with second
defendant and rent has been ... declaration and not in a suit for injunction
simplicitor. Said application came to be resisted by
second defendant by filing statement of objections,
contending interalia
Bengaluru. The
appellant and the second respondent are defendants 1 and 2
respectively. The said suit is for permanent injunction to
restrain the defendants from ... management affairs and administration of
the plaintiff company. In the second application for
temporary injunction, the plaintiff sought restrainment of
the defendants from representing
