RAMMOHAN AND ANR. Vs. MANMOHAN AND ORS.

JUDGEMENT

(1.) The plaintiff/appellants who, in reality, arc the legal heirs of the original plaintiff, moved an application for the grant of an ad-interim injunction restraining the defendant/respondents from installing an almirah in the suit property and thereafter letting it out to S tenant. The Trial Court rejected the application for two reasons. Firstly, it held that in an earlier order dated 21.1.1983, the defendant/respondents were held to be the persons realising the rent of the suit property and secondly because it was not made out dial the defendant/respondents were making any substantial alteration to the detriment of the suit property. The Trial Court inferred that the appellants did not have a prima fade case nor the balance of convenience did lie in their favour.

(2.) Having heard the learned counsel for the parties, this Court is of the opinion that no case for interference with the impugned order is made out at this stage of the proceedings. The learned counsel for the appellants is right in submitting that merely because certain observations were made in the order dated 21.1.1983 that did not mean that the plaintiff/appellants were dis entitled from moving an application for grant of an appropriate injunction under Order 39 Rule(4) 1 of the C.P.C. Still, the Trial Court had no other option but to refuse the Application because it was not convinced that a case of waste or damage was made out.

(3.) The appeal, is therefore, dismissed. However, it is observed that in the event of an appropriate occasion arising which furnishes a fresh ground to the appellants for seeking an appropriate injunction, and if they arc in a position to make out a reasonable apprehension of danger as to waste or damage touching the suit properly, the Trial Court shall entertain such application and dispose it of on merits. It is further observed that the impugned order dated 8.12.1989 and the earlier order dated 21.1.1983, nor any observations in any of these orders, shall come in the way of the Court in considering the merits of any fresh application for the grant of injunction on its own merits.