Chhotalal Hirachand Vs. Jethalal Varajbhai - Court Judgment |
| SooperKanoon Citation | sooperkanoon.com/334445 |
| Subject | Civil |
| Court | Mumbai |
| Decided On | Aug-12-1914 |
| Case Number | Appeal No. 62 of 1913 |
| Judge | Beaman and ;Hayward, JJ. |
| Reported in | AIR1914Bom148; (1914)16BOMLR676 |
| Appellant | Chhotalal Hirachand |
| Respondent | Jethalal Varajbhai |
Excerpt:
.....rules 1, 2, order xxi, rules 99, 103-decree-execution-obstruction-suit to remove obstruction-temporary injunction, grant of.;a person who brings a suit under order xxi, rule 103, of the civil procedure code, after being defeated under rule 99 of the same order, cannot obtain a temporary injunction, under order xxxix, rule 1 or 2, to restrain the defendant from taking possession of the property. - - 1. without going into the entangled story of the litigation which has preceded the present suit, it is enough for all purposes of this appeal to say that the plaintiff after having been defeated under order xxi, rule 99, has brought a suit under rule 103 of the same order. such a temporary injunction, we think, cannot be brought within the terms or the intention of order xxxix, rule 1..........be set aside, and that injunction dissolved. costs to be costs in the.....
Judgment:Beaman, J.
1. Without going into the entangled story of the litigation which has preceded the present suit, it is enough for all purposes of this appeal to say that the plaintiff after having been defeated under Order XXI, Rule 99, has brought a suit under Rule 103 of the same Order. In that suit he sought for and obtained from the trial Judge a temporary injunction restraining the defendant in the suit from taking possession of the property. Such a temporary injunction, we think, cannot be brought within the terms or the intention of Order XXXIX, Rule 1 or 2. It was, therefore, not within the competence of the learned Judge below to grant the temporary injunction complained of, and we think that this appeal must be allowed, and the order granting the plaintiff a temporary injunction must be set aside, and that injunction dissolved. Costs to be costs in the cause.