The High Court dismissed the civil revision petition. It upheld the lower courts' decision to deny interim injunctions as the plaintiffs failed to establish prima facie case, balance of convenience, or irreparable loss.
Petition dismissed; suit to be disposed expeditiously; pending miscellaneous petitions dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE SANJAY KUMAR
CIVIL REVISION PETITION No.3644 of 2014
Date: October 24, 2014
1. M/s. Victor Avenue Flat Owners Welfare Association, rep. by its Office Bearer V. Suresh Chairman & another. … Petitioners
And
1. Nazar Ali & 6 others. … Respondents
HON’BLE SRI JUSTICE SANJAY KUMAR
CIVIL REVISION PETITION No.3644 of 2014
O R D E R:
The petitioners are the plaintiffs in O.S.No.218 of 2013 on the file of the learned II Additional Senior Civil Judge, Warangal. They were unsuccessful in their endeavour to obtain an interim injunction against the defendants in the suit from interfering with their peaceful possession and enjoyment over the suit property. Their application in this regard in I.A.No.197 of 2013 in O.S.No.218 of 2013 was dismissed by the trial Court by order dated 02.08.2013 and the same was confirmed in appeal by the learned Principal District Judge, Warangal, by order dated 15.04.2014 passed in C.M.A.No.66 of 2013. Aggrieved thereby, the plaintiffs are before this Court by way of this revision petition filed under Article 227 of the Constitution.
2. Perusal of the orders passed by the courts below reflects that the petitioners/plaintiffs failed to make out a case for interim relief by way of an injunction. Once the three mandatory ingredients of prima facie
case, balance of convenience and irreparable loss are not made out by the plaintiffs, as rightly held by the courts below, they would not be entitled to any interim injunction, pending the suit. The orders passed by the courts below reflect in no uncertain terms that the petitioners/plaintiffs failed to establish their case warranting interim relief. This Court therefore finds no reason to interfere with the matter.
3. The civil revision petition is accordingly dismissed. The trial Court shall endeavour to dispose of the suit expeditiously. Pending miscellaneous petitions, if any, shall also stand dismissed. No costs.
___________________ SANJAY KUMAR, J.
Date: October 24, 2014. BS B
HON’BLE SRI JUSTICE SANJAY KUMAR
CIVIL REVISION PETITION No.3644 of 2014
Date: October 24, 2014
BSB
1 issue framed by the court
Whether the High Court should interfere with the trial court's dismissal of the application for interim injunction in the underlying civil suit.
1 provisions across 1 enactments
M/s. Victor Avenue Flat Owners Welfare Association, rep. by its Office Bearer V. Suresh Chairman & another
Nazar Ali & 6 others
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
