PARSHOTAM GUPTA AND ANR Vs. YASHPAL

JUDGEMENT

(1.) Petitioners, herein, filed civil suit for permanent injunction against the respondent, herein, seeking to restrain him from demolishing any portion of the suit property and from raising any construction, thereon, illegally, forcibly and without due process of law.

(2.) Alongwith the suit, an application under Order 39 rules 1 and 2 of the Code of Civil Procedure was filed by the petitioners averring, therein, that prima facie case and balance of convenience are in their favour and they shall suffer an irreparable loss and injury by refusal of temporary injunction till the disposal of the main suit.

(3.) This application was opposed by the respondent by filing written reply, thereto, averring, therein, that prima facie case and balance of convenience are not in favour of the petitioners, who shall manifestly not suffer an irreparable loss and injury by refusal of temporary injunction till the disposal of the main suit. Consequently, prayer for dismissal of application under Order 39 rules 1 and 2 of the Code of Civil Procedure was, thus, made.