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Amitabha Gupta (NA)     04 February 2012

Order 39 rule 2a

If in a case application for Temporary injunction has been disallowed by the Trial court. In appeal under order 43 Rule 1 the appellate court granted the temporary injunction. In case of breach of temporary injunction which court should be approached i.e. the trial court or the appellate court. 



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 3 Replies

kvss.prabhakar rao (Advocate )     04 February 2012

IN case disobediance of injuncion by defendant though the appellat court granted injunction you must file case for disobediance of injunction in trail court but not appellate court.

Amitabha Gupta (NA)     04 February 2012

same is my view but I posted this query in order to get some case law.

sangeeta (Govt. Service)     07 February 2012

I have same case.  my temporary injuction has been vacated by civil judge in trial court.  now I have to make the appeal, what is procdure for appeal.  is it same as if filing of a new case.


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