NAGPUR IMPROVEMENT TRUST Vs. DEEPAK

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. The writ petition is heard finally with the consent of the learned counsel appearing for the rival parties. Though respondent No.6 is served, none has appeared on its behalf.

(3.) The Petitioner-Nagpur Improvement Trust (NIT) is aggrieved by concurrent orders passed by the two Courts below, whereby application for temporary injunction filed by respondent Nos.1 and 2 herein (original plaintiffs) stood granted and the petitioner has been temporarily restrained from confirming auction sale in favour of prospective leaseholders and also from making any development on the suit property. According to the petitioner, both the Courts below failed to properly analyze the material on record, while rendering findings on the well-known parameters for grant of temporary injunction i.e. strong prima facie case, grave and irreparable loss that the plaintiffs may suffer in the absence of an order of temporary injunction and the balance of convenience being in favour of the plaintiffs.