RUDRESH JHUNJHUNWALA Vs. SATISH KUMAR

JUDGEMENT

(1.) By way of this civil misc. appeal, a challenge has been made to the order dtd. 3/9/2021 whereby and where under an application filed under Order 39 Rules 1 and 2 CPC has been allowed and during the course of trial of the civil suit for specific performance filed by respondent No.l-plaintiff, the appellants-defendants have been restrained not to transfer the disputed land and to maintain status quo until the decision of the civil suit.

(2.) In the present appeal, the consideration before this Court is that when the trial court has exercised its discretionary and equitable jurisdiction to grant the temporary injunction in favour of plaintiff and against defendants, should this Court interfere with the order of temporary injunction passed by the trial court, under its appellate jurisdiction?

(3.) The appellants are defendant Nos.1 to 3 and respondent No.1 is plaintiff and respondent Nos.2 and 3 are defendant Nos.4 and 5 before the trial court. For clarity, the parties shall be referred hereinafter with the same status as called before the trial court.