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2003 Supreme(Bom) 102

D.G.KARNIK
Rajendraprasad R. Singh & others – Appellant
Versus
Municipal Corporation of Greater Bombay – Respondent


JUDGMENT - KARNIK D.G., J.:---All these appeals involve common questions of law namely:-

(1) Whether an order passed by the trial Court to issue notice to the defendants and thereby declining to grant ex parte ad interim injunction is appealable?

(2) If yes, when can an Appellate Court interfere in the discretion exercised by the trial Court in refusing to grant ad interim injunction and/or issuing notice?

All these appeals arise out of various orders passed by the trial Court declining to grant ex parte ad interim injunction and/or directing issuance of notices to the defendant. The wording of the orders is not uniform. However, words used in the various orders are like:

(i) Issue notice to the defendants.

(ii) Notice of motion made returnable on....

(iii) No case of urgency made out for grant of ex parte ad interim injunction. Issue notice to the defendants.

(iv) No prima facie case made out for grant of ex parte ad interim injunction. Issue notice to the defendants.

Real substance of these orders is that the Court declined to grant an ex parte ad interim relief and/or postponed consideration of grant of ad interim relief till service was effected on the other side. Such orders were pa






























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