IBRAHIM AHMEDVALI Vs. ASIF RAFIKBHAI PATEL

JUDGEMENT

(1.) The order dated 21.07.2018 rendered by the learned

(2.) nd Additional Senior Civil Judge, Bharuch, below application Exh.5 in Special Civil Suit No. 2 of 2018 issuing an injunction against the petitioner from dealing with the suit property in respect of which specific performance is sought by the original plaintiff ­ respondent herein; is sought to be assailed in this appeal from order. 2. The rival contentions give rise to the question as to whether there existed a prima facie case; where did the balance of convenience lay and whether the compensation in terms of money would be adequate relief for the plaintiff who sought the aforementioned injunction.

(3.) So far as prima facie case is concerned, it is settled law that for appreciating the prima facie case the court would not enter into adjudicatory process. It would only consider whether the party urging for interim order is able to raise a triable issues. If the answer is in the affirmative, prima facie case will be presumed in favour of such party; otherwise not.