To file a temporary injunction under Order 39 Rule 1, is possession of suit schedule property mandatory at the time of filing the main suit?
Vrinda 02 May 2022
The law relating to injunction has been provided in the Specific Relief Act. An interim relief is granted to a person on the footing that the person is prima facie entitled to the right on which is based the claim for the main relief as well as the inteim relief. Perpetual injunction can be granted to prevent the breach of an obligation existing in favour of the plaintiff whether expressly or by implication.
Agricultural Produce Market Committee Vs. Girdharbhai Ramjibhai Chhaniyara – AIR 1997 SC 2674)
A temporary injunction can be granted only if the person seeking injunction has a concluded right, capable of being enforced by way of injunction.
Therefore, possession of suit property is mandatory at the time of filing main suit as without possesion, temporary injunction cannot be granted.
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