The court clarified the power to impose conditions while granting an injunction and addressed the maintainability of the revision petition.

( 1 ) THIS revision petition is directed against condition nos. 3 and 6 imposed by the learned munsiff in original suit No. 111 of 1990 while rejecting application la. No. Ii filed by first respondent-plaintiff under order 39, rules 1 and 2 read with Section 151, C. P. C.

( 2 ) THE facts are that the first respondent-plaintiff son of respondents 2 and 3 instituted the suit original suit No. 111 of 1990 claiming his 1/3rd share by partition in the property alienated by his parents in favour of the 5th defendant who is the petitioner in this revision petition before this court. The application i. a. No. Ii was for interim injunction to prevent the revision petitioner from putting up construction on the plaint schedule property. The said application was contested and after considering the submissions on both sides, the learned munsiff proceeded to dismiss the application imposing certain conditions of which conditions at serial nos. 3 and 6 are challenged in this revision petition.

( 3 ) THE learned counsel for the plaintiff-first respondent submitted that the revision petition is not maintainable and according to him only an appeal could be filed against order refusing injunction and he relied on decision in Bettegowda v Arasa Hanumaiah.

( 4 ) LEARNED counsel for the petitioner submitted that revisionis not directed against the dismissal of the application for grant of injunction under order 39, rules 1 and 2 of C. P. C. according to him, the trial court has power to impose conditions under Section 94 (l) (e) and Section 151, C. P. C. while rejecting application for injunction. Therefore, according to him the conditions imposed in such order while rejecting the application for injunction can be subject-matter of revision. It is therefore pointed out that condition No. 3 is inconsistant with condition No. 2 by which the petitioner is permitted to create any encumbrance which would be subject to the final result in the suit. He further submitted that condition No. 6 requires the petitioner to deposit Rs. 15,000/- and is totally foreign to the scope of the suit. It is replied that condition No. 2 is in respect of past encumbrance and condition No. 3 is in respect of future encumbrance and condition No. 3 is not inconsistant with the condition No. 2. With regard to condition No. 6 that the petitioner should deposit Rs. 15,000/- into court and construct the building, it is replied that the amount is to meet the expenses of demolition, if necessary.

( 5 ) ORDER xxxix, rules 1 and 2 read as under :1. Where in any suit it is proved by affidavit or otherwise, (A) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a. Decree, or (B) that the defendant threatens, or intends, to remove or dispose of his property with a view to defeat his creditors, (C) that the defendant threatens or dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by order grant a temporary injunction to restrain such Act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any property in dispute in the suit as the court thinks fit, until the disposal of the suit or until further orders. Rule 2 (1) in any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract of injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to