This civil revision petition challenging an injunction order was dismissed. The Single Judge held that the trial Court correctly applied Section 52 of the Transfer of Property Act, finding no prima facie case or irreparable loss to grant status quo.
Civil revision petition and 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.
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CIVIL REVISION PETITION No. 973 OF 2018
ORDER:
This civil revision petition under Article 227 of the Constitution of India is filed challenging the decree and decretal order dated 30-12-2017 in C.M.A.No. 1 of 2016 on the file of the Court of XI Additional Chief Judge, City Civil Court, Hyderabad (for short, 'the Court below'), whereby it set aside the order dated 04-12-2015 in I.A.No. 176 of 2015 in O.S.No. 1268 of 2015 on the file of the Court of III Junior Civil Judge, City Civil Court, Hyderabad (for short, 'the trial Court').
2
interest is created, it will lead to multiplicity of proceedings. In fact, any transaction during pendency of a suit is hit by Section 52 of the Transfer of Property Act, 1882 (for short, 'the Act of 1882'). Therefore, alienation, if any, or creation of any charge will have no impact on the decision in the main suit after trial.
M.SATYANARAYANA MURTHY, J.
Date: 16-02-2018. JSK
2 issues framed by the court
Whether the trial Court erred in allowing the injunction status quo without addressing Section 52 of the Transfer of Property Act.
Whether the petitioners have established a prima facie case and requirement of irreparable loss for interim relief.
5 provisions across 4 enactments
Petitioners
Respondent No. 1
Respondent No. 2
Respondent No. 3
M. SATHYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
