praying
for temporary injunction as mentioned below:
"a) An order of temporary injunction restraining the respondents each of
them, their servants, agents or assigns ... plaintiff in
any way or manner whatsoever;
b) An order of temporary injunction restraining the respondents and each of
them, by themselves or by their
said suit under Order 39 Rules 1 and 2 of the Code of Civil
Procedure praying for an order of temporary injunction
restraining the respondent ... Order 39, Civil procedure code, the action is contemplated by
the very court which issues the injunction order under Rule
2A of Order
order of injunction granted against the opposite parties
temporarily. Mr. Chakraborty submits that the condition for
continuation of the order of temporary injunction ... order for whose violation the instant contempt petition is
filed by the petitioner. According to Mr. Chakraborty, the
order of temporary injunction granted by Learned
regarding pendency of the proceeding. This also means that
granting a temporary injunction order will cause more inconscience to the
respondent than the appellant which ... temporary
injunction in exercise of its power under Section 151 , C.P.C. It is held that even
if an application for temporary injunction under
Procedure
alleging violation of the temporary injunction order
granted against the appellant, an order vacating the
injunction order might create complications.
14. We, in fact ... juncture when the parent order
of temporary injunction was passed. The appellant,
having not challenged the said injunction order by
way of an appeal
contest the petition for temporary injunction and hence, the Trial
Court had rightly decided the application for temporary injunction ex parte against the
present petitioners ... party
dissatisfied with such order".
4
According to the present petitioners, the order of temporary injunction was passed
without giving them any opportunity
said order,
necessitating the police help application. Since the ex parte ad interim order itself was
continued by the final order of temporary injunction ... interim order of injunction
dated April 10, 2017, of which implementation was sought, having merged with the final
order of temporary injunction dated August
possession, so is the argument, he is entitled to an order of
temporary injunction and the learned Trial Judge entering into the
aspect of suppression ... that an order of injunction, like
all interim orders, is passed only in aid of the final order that may
be passed in the suit
Under
Order 39 of the Code of Civil Procedure , jurisdiction of
the Court to interfere with an order of interlocutory or
temporary injunction is purely ... party
approaching the Court for vacating the ad interim or
temporary injunction order already granted in the pending
suit or proceedings."
The aforesaid proposition
between the parties and
having failed to do so the order of temporary injunction
cannot be sustained.
It appears from the findings recorded ... principal agent relationship
between the parties and pass an order of temporary
injunction.
On the other hand, the learned advocate for the
defendant/appellant submits
