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house wife... (na)     01 February 2014

Order no 1....what it means ?

ORDER

1.

This order of mine shall dispose of an application for interim

1

injunction filed under order 39 rule 1,2 read with Section 151 CPC

I have heard the Ld. counsel for the parties and have gone

through the case file carefully.

5.

It is a settled law that in order to succeed in claim of interim

injunction applicant should have a legal right and other party should be

under legal obligation. It is well settled law that where equal efficacious

remedy is available to applicant no injunction can be granted. If the

respondents are humiliating, harassing or torturing applicant as submitted

in the present case, the applicant can approach the police against

respondents or can file a criminal complaint but no injunction can be

granted against the respondent restraining them humiliating, harassing or

torturing the applicant. Further no injunction can be granted to restrain

the respondents from doing an act which the court can not supervise all

the time. No prima facie case and balance of convenience are made out in

favour of applicant. Therefore, application is dismissed with no order as

to costs being without any merits.

6.

However, these observations of mine shall not affect the

merits of the case.

Announced

these are the orders of judge on

what is its meaning

and next dat is 15 feb 2014.....



Learning

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