PRAKASH KHATTAR Vs. SHANTA JINDAL

JUDGEMENT

(1.) Caveat No. 964/2011

(2.) The observation sought from us is that notwithstanding the conclusive and determinative words used by the learned Single Judge while deciding an interim application, it may be clarified that the same are just a prima facie expression of an opinion by the learned Single Judge on the subject: Whether the appellant would be entitled to an interim injunction in that the final judgment would be with reference to the evidence led.

(3.) Needless to state, the law is settled. Reflecting upon the facts at an interim stage, any expression of opinion by a Court, is always treated as a prima facie opinion, for the reason, the final opinion has to be expressed with reference to the evidence led and facts proved. Thus, we clarify that observations/opinions recorded in the impugned order dated 4.7.2011 shall be treated as a prima facie reflection on the dispute by the learned Single Judge and that the final decision in the suit would be with reference to the evidence led.