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Madhya Pradesh High Court · body

1977 DIGILAW 655 (MP)

Gajanand v. Motabai

1977-12-13

P.D.MULYE

body1977
Short Note : The discretion to be exercised, while granting relief of temporary injunction, must be judicial and not arbitrary or capricious. In the present case, it appears that the learned trial Court, while confirming the order of temporary in junction, after notice to the defendants did not carefully considered the pleadings and the objections raised by the defendants nor has he considered the documentary material placed on record but has confirmed the ex-parte injunction order in a slip-shod manner without applying its mind. In these circumstances, this Court is of the opinion that the learned appellate Court was justified in taking into consideration the material placed on record while setting aside the trial Court's order and the discretion exercised by the learned lower appellate Court cannot be said to be perverse or contrary to law and no interference with it is called for in this revision. Revision dismissed.