ASHOK KUMAR Vs. PRAMIL KUMAR.

JUDGEMENT

(1.) This is plaintiffs' petition against the order dated 20.08.2019 passed by learned appellate court in Miscellaneous Civil Appeal No. 1 of 2019, filed under Order 43 Rule 1(r) of C.P.C., whereby order of status quo passed by learned trial court has been set aside.

(2.) Grant of temporary injunction is discretionary and the appellate court will not interfere with the exercise of discretion of court of first instance except where the discretion has been shown to have been exercised arbitrarily, or capriciously or perversely or where the court had ignored the settled principles of law regulating grant or refusal of interlocutory injunctions. This aspect has been dealt with by Hon'ble Supreme Court in the case of Esha Ekta Appartments CHS Limited v. Municipal Corporation of Mumbai reported in (2012) 4 SCC 689. Para 19 and 20 of the said judgment are reproduced below:-

(3.) It is thus apparent that scope of interference by learned appellate court with learned trial court's order on temporary injunction application is limited. If two views are possible, then the view taken by learned trial court has to be maintained.