RAVEENDAR BOHAT Vs. DALITH MANAVA UTTAN SANSTHA BANGALORE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Leave granted.

(3.) In our opinion, the grant of injunction by the Trial Court was wholly unjustified, uncalled for and total illegal exercise of jurisdiction under Order XXXIX, Rules 1 and 2 of CPC, in view of Annexure P3 communication dated 12.09.2017 terminating the management lease owing to the non-deposit of the amount in the absence of City Municipal Council as it was not impleaded as defendant and said order was not questioned, no prima facie case was made out to grant injunction in favour of the plaintiff- respondent. Thus, the injunction granted in favour of the plaintiff-respondent is hereby set aside.