RAJENDRA PRASAD AGRAWAL Vs. SAMARPAN VARISHTHA JAN PARISAR

JUDGEMENT

(1.) The petitioners before this Court are abandoned parents, who have been forsaken by their own children and have been residing in an old age home. As if, this was not enough, the old age home is also seeking the ouster of the petitioners and it is in this backdrop that the petitioners had instituted a suit for permanent injunction before the trial court seeking an injunction to restrain the management of the old age home from dispossessing the petitioners from their room allotted to them, without due process of law.

(2.) An interim injunction is a striking remedy yielded by contemporary Courts. With prolific litigation in most of the Courts, interim injunction becomes a very important component of a litigation. So also in this case an application for interim injunction was allowed by the trial Court, but the decision has been reversed by the lower Appellate Court and being aggrieved, the petitioners have knocked the doors of this Court by means of the instant petition challenging the order passed by the lower Appellate Court in Misc. Civil Appeal No.7/2020 dtd. 20/10/2020.

(3.) The lower Appellate Court, while allowing the Misc. Civil Appeal No.7/2020 of the defendants/respondents No.1, 2 and 3, before this Court, has set aside the order of injunction passed by the trial Court dtd. 17/12/2019 in Regular Suit No.2938/2019 and rejected the application under Order 39 Rules 1 and 2 CPC.