The main legal point established in the judgment is the importance of satisfying the cardinal tests for granting temporary injunctions, including prima facie case, balance of convenience, and irreparable loss, and the need for a well-considered judgment based on relevant aspects.

Headnote:
Injunction - Property Dispute - [Civil Procedure Code, Section 151, Order 39 Rule 1 and 2] - The court discussed the provisions of Civil Procedure Code, specifically Section 151 and Order 39 Rule 1 and 2, which deal with the power of the court to grant temporary injunctions. The court analyzed the requirements for granting temporary injunctions, including prima facie case, balance of convenience, and irreparable loss, and emphasized the need for a well-considered judgment based on relevant aspects. The court highlighted the importance of satisfying the cardinal tests for granting temporary injunctions and criticized the appellate court for not adequately deliberating on each issue before granting the injunction.
Fact of the Case:

The case involved a dispute over a property where the respondents filed a suit seeking injunction against the petitioners and another party. The trial court rejected the application for temporary injunction, but the appellate court granted the injunction, leading to the petitioner's challenge of the appellate court's decision.
Finding of the Court:

The court found that the appellate court had exceeded its jurisdiction and acted illegally in granting the injunction. It emphasized that the trial court's judgment was well-considered and took into account all relevant aspects, concluding that the suit filed by the plaintiffs was misconceived. The court criticized the appellate court for not adequately considering the requirements for granting temporary injunctions and being unduly influenced by certain factors.
Issues: The issues involved the legality of the appellate court's decision to grant the injunction, the proper consideration of the requirements for granting temporary injunctions, and the petitioner's claim of irreparable loss if the injunction was granted.
Ratio Decidendi: The court's decision was based on the finding that the appellate court had not adequately considered the requirements for granting temporary injunctions and had been unduly influenced by certain factors, leading to an improper grant of the injunction.
Final Decision: The court set aside the appellate court's order granting the injunction, and the petitioner agreed to certain conditions to protect the interests of the respondents. The court also directed expedited proceedings in related inventory proceedings.

JUDGMENT - A.M. KHANWILKAR, J.:---Rule. Rule made returnable forthwith by consent.

2. Heard both sides.

3. This Court, while issuing notice on this petition on 15th March, 2001 had indicated that the matter will be finally disposed of at the admission stage. In the circumstances, by consent of both the sides, the matter is heard forthwith. None appears for the respondent No. 3 though served.

4. This petition is directed against the order passed by the Additional District Judge, Mapusa, dated December 26, 2000 in Misc. Civil Appeal No. 21/2000.

5. Briefly stated, the respondents No. 1 and 2 filed a suit before the Court of Civil Judge, J.D., Sattari at Valpoi bearing Regular Civil Suit No. 1/1999 praying for injunction against the petitioners and respondent No. 3 herein. In substance, the relief was to restrain the petitioners from transferring, alienating, selling, entering into, mortgaging or creating any charge or lien on the suit property and the building constructed therein and any shops, flats, offices, hall or any commercial or residential area in the suit building or its any part thereof and further from in any manner approaching or following up with the respondent No. 3 herein to secure any occupancy certificate or any other permission/licence in respect of the said building or its any part thereof. The other relief in the said suit is directed against the respondent No. 3 restraining them from issuing any further occupancy certificate or any type of licence to the petitioner/defendant No. 1 or any other person or persons to do any business or other type of act in the said building or in its any part thereof.

6. The contesting respondents took out an application for interim relief during the pendency of the suit, whereby they prayed for temporary injunction. The trial Court, after considering all the circumstances and submission, vide order dated February 15, 2000, was pleased to reject the said application for temporary injunction on the ground that the plaintiffs failed to make out prima facie case and that the balance of convenience as well as the issue of irreparable loss was in favour of the defendants.

7. Against the said decision, contesting respondents No. 1 and 2 preferred Misc. Civil Appeal No. 21/2000 before the Addl. District Judge, Mapusa. The District Court by the impugned order dated December 26, 2000 has allowed the appeal and granted temporary injunction as prayed for. The order passed by the District Court reads thus:---

ORDER

"The order dated 15-2-2000 is quashed and set aside. The respondent No. 1 his agents, servants, etc. are restrained from transferring or creating any charge on the suit property and the building constructed thereon or any shops, flats etc. and further the respondent No. 2 is restrained from giving occupancy certificate to the respondent No. 1 in respect of the premises including flats and shops which are not so far given occupancy certificate, pending the decision of the suit. Considering the circumstances of the case there shall be no order as to costs."

8. The petitioner assailed the aforesaid order on the ground that the District Court has clearly exceeded its jurisdiction and acted in the exercise of its jurisdiction illegally and with material irregularity while granting the above said order. According to the petitioner, from the material on record it was more than evident that the plaintiffs had failed to make out any prima facie case or on the issue of balance of convenience and that the circumstances do indicate that the petitioner would suffer irreparable loss. It is contended that the Appeal Court though reversed the order passed by the trial Court, has not considered the three elementary issues and has proceeded on surmises and conjectures to grant relief as prayed for being swayed by the arguments advanced by the plaintiffs that the plaintiffs had sentimental value attached to the property and it would be appropriate to protect their interest by granting the relief. It

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Judicial Analysis