The main legal point established in the judgment is that the grant of interim injunction should adhere to the settled principles under Order XXXIX Rules 1 and 2 CPC, and the court should not interfere with a Trial Court's reasoned order unless it is found to be irrelevant or untenable.

JUDGMENT

Alka Sarin, J. - The present revision petition has been preferred by the defendant-petitioners challenging the order dated 20.01.2022 passed by the lower Appellate Court whereby the application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (for short 'CPC') filed by the plaintiff-respondent No.1 has been allowed and the order passed by the Trial Court has been set-aside.

2. The brief facts relevant to the present lis are that on 02.04.2021 the plaintiff-respondent No.1 filed a suit for declaration and perpetual injunction seeking the following reliefs :

'It is therefore prayed that the suit of the Plaintiff for Declaration to the effect that the site plan submitted by Defendants No.1 & 2 to Defendant No.3 and the sanction granted by Defendant No.3 pertaining to the construction of Commercial Complex in the abadi area of Village Mundi Kharar is illegal, null & void against the notifications building by law issued by the State Govt. and the rules & master plan prepared by Greater Mohali Area Development Authority and other relevant laws dealing with the area falling within the periphery of Chandigarh and governed by Greater Mohali Area Development Authority as well as Municipal Council, Kharar, Tehsil Kharar, Distt. SAS Nagar (Mohali).

AND for Perpetual Injunction restraining the Defendants No.1 & 2 from raising any kind of commercial construction over the plot compressed in Khewat/Khatauni No.103/119, Khasra No.50, Khewat/Khatauni No.109/108/125, 126, Khasra No.51/1 & 51/2 situated in the abadi area of Village Mundi Kharar, Tehsil Kharar, Distt. SAS Nagar (Mohali), be decreed, in the interest of justice. Any other relief which this Hon'ble Court may deem fit and proper be also granted.'

The plaint was accompanied by an application under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of temporary injunction.

3. Paras 5 and 11 of the plaint read as under :

'5. ...Moreover, the house of the Plaintiff is an old constructed house and the construction of the basement adjoining or nearby the house of the Plaintiff will damage the existing construction of the Plaintiff. And that construction of commercial complex will also cause nuisance in the village Abadi. But the Defendants refused to listen to the request of the Plaintiff and told that they have the requisite sanction and permission for the construction of the Commercial Complex including the basement from the Municipal Authorities as well as from other Govt. Agencies. But Defendants No.1 & 2 failed to show any such sanctioned site plan by Municipal Council or any permission from any other Govt. Agency. It is important to mention that earlier in the suit property purchased by the Defendants No.1 & 2 the residential houses of the previous owners were in existence. After purchasing those houses Defendants No.1 & 2 demolished the same with an intention to convert this property into commercial one.

11. That since the activity of the Defendant will cause irreparable damage to the residential house of the Plaintiff and the Plaintiff is affected specially. Moreover, it is also against the rules & acts of the Govt. then it also effects generally. In case the Defendants are able to raise the construction of Commercial Complex as explained above it will harm the interest of the Plaintiff. Therefore, the Plaintiff is entitled to the injunction prayed for.'

4. The defendant-petitioners filed separate written statements and contested the suit and the application for interim relief. The defendant- respondent No.2 (Municipal Council, Kharar) also filed a written statement defending the sanction granted by it. The Trial Court vide order dated 18.10.2021 dismissed the application under Order XXXIX Rules 1 and 2 CPC filed by plaintiff-respondent No.1 on the ground that none of the ingredients of Order XXXIX Rules 1 and 2 CPC were made out. The Trial Court inter-alia held that :

'Defendant No.1 and 2 are raising construction over the proper