The respondent/plaintiff, who filed the suit for perpetual injunction, filed the above Interlocutory Application under Order XXXIX Rules 1 and 2 C.P.C seeking temporary injunction restraining the defendant/petitioner herein and their men from interfering with his peaceful possession and enjoyment over the petition schedule property, pending disposal of the suit. The trial Court, after hearing both sides and considering the entire material available on record, through order dated 06.04.2011, dismissed the Interlocutory Application and vacated the ex parte temporary injunction granted earlier on 10.02.2011. Aggrieved by the same, the plaintiff filed the appeal. The lower appellate Court, through the impugned order, held that since the plaintiff had proved the two aspects of prima facie case and balance of convenience, the defendant needs to be restrained by way of interim injunction and accordingly allowed the appeal, setting aside order dated 06.04.2011 passed by the trial Court and directed the defendant to restrain from interfering with the possession of the plaintiff over the suit schedule property till the disposal of the suit. Challenging the same, the defendant filed this Civil Revision Petition.
