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Madhya Pradesh High Court · body

1977 DIGILAW 496 (MP)

Bhuwansingh v. Maheshchandra

1977-11-04

P.D.MULYE

body1977
Short Note : The plaintiff-non-applicant No.1 Maheschandra filed the present suit against the applicants alleging that the applicants do not allow the plaintiff to go on the land in suit of which a Patta and possession were given to him and that the applicants had removed the grass grown on the land. The trial Court found that the applicants were the persons in possession of the suit land and dismissed the prayer of the plaintiff for grant of interim injunction but it was reversed in appeal. Held : The trial Court by its elaborate order has given reasons for not granting the relief of temporary injunction to the plaintiff. Grant of temporary injunction under the powers conferred by Order 39, rule 1 CPC is a matter of discretion of the Judge trying the suit. If the Court, which grants or refuses the in junction, rightly appreciated the facts and applies to these facts the true principles, then there is sound exercise of Judicial discretion and the Court hearing appeals from such order would not ordinarily interfere unless the trial Court has committed a flagrant error by ignoring the principles and the powers conferred under Order 39, rules 1 and 2 CPC. Revision allowed.