Furnionics & Ors. - Respondent
Civil Procedure Code, 1908, Order 39 Rules 1 and 2 - Constitution of India, 1950, Article 16 - Grant of temporary injunction sought in a suit for injunction by way of filing an application under Order 39 Rule 1 and 2 - Said application rejected by trial court - Appeal filed in High Court which was allowed - Held - Normally such an order is not interfered by Supreme Court - However in instant case order made by trial court was not capricious or arbitrary to be interfered with by High Court in an appeal arising from such an interlocutory order - Interim order granted by Supreme Court directed to be continued - Trial Court directed to dispose of the matter within the time as fixed by High Court. [Paras 2 and 3]ORDER
S. Rajendra Babu, J. - Leave granted. 2. In a suit for injunction an application was made under Order 39 Rules 1 and 2 of the Civil Procedure Code for grant of temporary injunction in favour of the respondents. However, the trial Court rejected the same. On appeal being made to the High Court the same was allowed. Hence this proceeding before this Court under Article 136 of the Constitution. 3. Normally, we would not have interfered with such an order. However, in this case we find that the order made by the trial Court is not capricious or arbitrary to be interfered with by the High Court in an appeal arising from such an interlocutory order. Therefore, it would be appropriate to continue with the interim order granted by this Court on 10.5.2000 pending disposal of the suit and we direct the trial Court to dispose of the matter within the time as fixed by the High Court. The appeal is disposed of accordingly. .