GANPATI CHINTAMAN Vs. SHIV RAM DAMODAR

JUDGEMENT

(1.) THIS revision application is directed against the order passed on 6-6-1961 by the Addl. District Judge Gwalior in Civil Appeal No. 19 of 1961 whereby he set aside the order dated the 27th of March, 1961 of the Civil Judge Second Class gwalior refusing to issue an order of temporary injunction.

(2.) IN a litigation between the present applicant Ganapati, who is the daughter's son of one Govinda Bhatt, and Damodar Bhatt, the father of Shivram, the plaintiff, in the present suit, it was held that Damodar Bhatt had gone in adoption to one bhikhu Bhatt and that the present applicant Ganapati was entitled to possession of the house in dispute. Thereafter Shivram filed the present suit for declaration of his title to the house in dispute and a permanent injunction restraining the present applicant Ganapati from executing the decree passed in his favour by the High court in the former litigation. An application by the plaintiff for issue of a temporary injunction restraining the present applicant Ganapati from executing the decree passed in his favour by the High Court was rejected by the trial Court. On an appeal against that order being preferred the learned Additional District judge Gwalior set aside the order passed by the trial Court and issued an injunction as prayed for. Ganapati has now come up in revision before this Court.

(3.) IT is now well settled that the Court has before issuing a temporary injunction to satisfy itself whether (1) the plaintiff has a prima facie case, (2) the balance of inconvenience in the event of injunction not being granted lies on his side and (3)whether any substantial or irreparable loss such as cannot be easily estimated in terms of money is likely to be caused if the injunction prayed for were not granted (See -- Chhaganlal v. Shri Niwas, 1961 Jab LJ 1203: (AIR 1963 MP 208 ).