SENIOR MANAGER CANARA BANK Vs. A PUKRAJ

JUDGEMENT

(1.) DEFENDANT No.1 in C.S.No.837 of 2004 has filed these appeals against the common order dated 22.11.2005 in O.A.No.888 of 2004 and Appln.No.4236 of 2004.

(2.) THE plaintiff / Respondent No.1 has filed the suit for declaration that the alleged equitable mortgage by deposit of title deeds said to have been created by the plaintiff on 3.10.2000 in favour of the first defendant in respect of the suit property to secure the loan availed by the second defendant from the first defendant as illegal, null and void, and for injunction restraining the first defendant from interfering with the peaceful possession of the suit property and mandatory injunction directing the first defendant to handover the possession of the three rooms sealed by them on 14.9.2004. THE disputed property has been described in the schedule.

(3.) LEARNED Senior Counsel appearing for the appellant has submitted that the learned single Judge without taking into consideration the various submissions made by the appellant has abruptly passed the order. LEARNED Senior Counsel further submitted that while considering the question of grant of injunction, the court is required to find out the existence of prima facie case, irreparable loss to be caused to the applicant applying for injunction, if injunction is not granted, as well as balance of convenience. It is submitted by him that in the present case the learned single Judge without analysing these aspects and even without considering the question of irreparable loss had passed the order. LEARNED Senior Counsel has also submitted that Civil Court has no jurisdiction in such matters. In particular, learned Senior Counsel has submitted that the plaintiff himself has filed a writ petition earlier, wherein the plaintiff had admitted about the loan transaction and the fact that the plaintiff was a guarantor, but suddenly a different stand was taken by the plaintiff in the suit and without considering such aspect, the learned single Judge has passed the order of injunction in a laconic manner without much discussion.