BHAGWAT MAHTO Vs. SATYA NARAYAN PRASAD

JUDGEMENT

(1.) In this appeal under Order XLIII Rule 1 (r) of the Code of Civil Procedure (In short "the Code"), the challenge is against the order of the trial Court, the Court of Sub Judge VII, Patna, dated 8-3-2002 passed in T. S. No. 267 of 2000, whereby, interlocutory relief, in form of injunction, restraining the appellant original defendants from disposing of the suit properties, came to be granted.

(2.) The appellants are the original defendants against whom respondent-plaintiff filed a suit. During the pendency of the suit, the plaintiff sought interlocutory relief, in terms of injunction against the appellants original defendants so that the suit properties may not get lost or transferred or alienated, pending the suit. An application for grant of injunction, therefore, was submitted, which was opposed and challenged by the appellants original defendants.

(3.) The trial Court, upon consideration of the facts and circumstances, reached to the conclusion that there is a prima facie case and balance of convenience in favour of the respondent original plaintiff and irreparable loss would also be caused to him, if interlocutory relief of injunction is not granted against the disposal of the suit property against the defendants appellants before me.