under
Order 39 Rule 4 CPC has been allowed and the temporary injunction
order dated 30.06.2023 passed by Second Civil Judge, Junior Division,
Budhar, District ... aside the order dated 17.10.2023 passed by trial Court and
consequently has also set aside the order of temporary injunction date
submitted that at that time no temporary
injunction was there because the temporary injunction order dated
15.05.2014 was not extended and had over lived ... whether the temporary injunction order
would automatically get extended or in absence of any extension order,
the temporary injunction order which had a limited life
injunction order. Secondly, the suit for permanent
injunction was ultimately dismissed as withdrawn so
the protection afforded by the order of temporary
injunction would subsume ... injunction order. Thus, the
alienation made by respondents, cannot operate
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against the interests of the appellant considering he
had obtained an order of temporary
2023]
temporary injunction filed ... respondent No. 2, the appeal
has been allowed and the order of temporary injunction has
been passed in favour of respondent No.2 and against
2023]
temporary injunction filed ... respondent No. 2, the appeal
has been allowed and the order of temporary injunction has
been passed in favour of respondent No.2 and against
under Order XXXIX Rule 2A of CPC against defendant no.4 for
alienating suit property after grant of ex-parte order of
temporary injunction ... application for temporary injunction filed by defendant no.3
herein against all other parties, and defendant no.4 herein
obtaining temporary injunction for protection
Order 39 C.P.C ., if the defendant commits breach of the order of temporary injunction, he
can also approach the Court, for police protection ... such violation is of a
very high order.
In the present case, the order of temporary injunction was made absolute on 18.7.2017 after the
appellants
APOT 44 of 2024
5
the impugned order the Single Bench vacated the order of temporary
injunction on the score that the said order ... order.
Order 39 Rule 4 is quoted as under:
"Order for injunction may be discharged, varied or set aside. - Any order for
an injunction
FILED UNDER ORDER 39 RULE 1 AND 2 OF CPC ,
ORDERING OF EXPARTE TEMPORARY INJUNCTION TO
DEFENDANT 1 TO 6 AND ETC.
THIS APPEAL HAVING ... parte interim order of
injunction till disposal of the application for temporary injunction
and such order is squarely covered by decision of this
order dated
2 December 2023 and modified the order of temporary injunction
dated 30 September 2022 by temporarily restraining the Defendant
from dispossessing Plaintiff from ... order of temporary
injunction merely on account of passing of eviction order against
Brice. Mr. Sakhare would submit that the injunction order was passed
