GOURANGA DAS Vs. SABITA DAS & ORS

JUDGEMENT

(1.) By the impugned order the Court of appeal below stayed the operation of the temporary injunction at the time of admission of an appeal.

(2.) The challenge is principally founded on a plea that the order staying the operation of the temporary injunction passed by the Trial Court while admitting the appeal would virtually tantamount to allowing the appeal itself.

(3.) It is undeniable that the Trial Court disposed of the temporary injunction application in the presence of the parties on merit. Time and again this Court has discouraged the course of action adopted by the Courts of appeal below in passing the order of stay of the operation of the injunction order while admitting the appeal mechanically.