justs and convenient.
Order XXXIX reads thus:
ORDER XXXIX
TEMPORARY INJUNCTIONS AND
INTERLOCUTORY ORDERS
Temporary Injunctions
Case in which temporary injunction may be
granted ... prescribed by Rules, grant temporary
injunction". Since the power to grant
temporary injunction is given to the court,
irrespective of the nature of proceedings
suit at the time of the grant of temporary
injunction and being unaware of such temporary injunction,
could not be said to have breached ... purpose of Order
39 Rule 2A of the CPC is to compel obedience of the order of
injunction and as the injunction, at a later
contended that since the temporary
injunction has been modified by the trial Court, the
temporary injunction, remained only with regard to
demolition of the structures ... clarified the order. Therefore, the contention of the
learned Senior Counsel for the respondents BDA, that the
order of temporary injunction has been clarified
been
granted while considering interlocutory application for
Temporary Injunction. The trial Court has granted
Temporary Injunction without considering irreparable injury
and balance of convenience. Virtually ... Order 1 Rule 8 of the Code of Civil Procedure .
But in the impugned order, the trial Court before granting
Temporary Injunction has not considered
granting an order of temporary injunction is completely absent
in this case and hence, the application for temporary injunction is liable to be dismissed ... account. Rule 2 of Order XXXIX confers jurisdiction
upon the civil Court to grant an order of temporary injunction preventing breach of terms
2017 whereby the court
below had issued an order of temporary injunction restraining the appellant from making or
publishing any defamatory allegation against the respondents ... also filed Misc. (J) Case No. 48/2017 seeking an order of
temporary injunction. It appears from the record that the appellant had earlier circulated
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
irreparable injury being caused to plaintiff if the temporary
injunction is not granted. In addition, temporary injunction being an
equitable relief, the discretion to grant ... order of
attachment before judgment under Order 38 Rule 5 of the Code of Civil
Procedure . Thus, while passing an order of temporary injunction, post
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
property in dispute in the
suit,]
the Court may by order grant a temporary injunction to restrain such act,
or make such other order ... point. One view is that a Court cannot issue an order of
temporary injunction if the circumstances do not fall within the
provisions of Order
