GURUDAS ALAVANI Vs. MAHAJANY OF TEMPLE OF RAMNATHA

JUDGEMENT

(1.) Rule. Rule, made returnable forthwith. The learned Counsel for the respondent waives service. Heard finally by consent of the parties.

(2.) The petitioner is the original defendant, who is challenging the order dated 15/01/2016 passed by the learned Civil Judge, Junior Division at Ponda in Regular Civil Suit No.10/2015/C. By the impugned order, application Exh.18 filed by the respondent/ plaintiff has been granted. The net result is that the Trial Court has decided to take up application for breach of injunction under Order XXXIX, Rule 2A of the Code of Civil Procedure, for hearing before hearing the application for Temporary Injunction. It appears that while doing so, the learned Trial Court has placed reliance on the decision of this Court in Civil Revision Application No.183/1991 (Francisco Xavier Fernandes and another Vs. Anthony Fernandes) dated 30/09/1991.

(3.) The learned Counsel for the petitioner places reliance on the decision of the Hon'ble Apex Court in the case of Quantum Securities Pvt. Ltd and others Vs. New Delhi Television Ltd., 2015 10 SCC 602, in order to submit that in such a case, it is not appropriate that the main application is kept pending and application for contempt / breach of injunction, is taken up in precedence.