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2019 Supreme(All) 1486

SUNITA AGARWAL
Moradabad Development Authority – Appellant
Versus
Sai Sidhi Developers – Respondent


Advocates Appeared:
For the Appellant : Satish Chaturvedi
For the Respondent: Ram Milan Mishra

Judgement Key Points

Based on the legal document provided, here are the key points regarding the case Moradabad Development Authority - Appellant vs. Shri Sai Sidhi Developers - Respondent:

  • Subject Matter: The case deals with Civil Law, specifically regarding Injunctions, Temporary Injunctions, and the interpretation of Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) alongside inherent powers under Section 151 CPC. (!) (!) (!)
  • Core Legal Principle: To grant a temporary injunction under Order 39 Rules 1 and 2 CPC, the court must consider three specific ingredients: (a) a prima facie case, (b) balance of convenience, and (c) irreparable loss or injury. (!) (!) (!)
  • Mandatory Recording of Reasons: It is settled law that while granting or rejecting an injunction, the court is mandatory required to record reasons for its decision. (!) (!)
  • Appealability of Interim Orders: Not every interim order passed during the pendency of a temporary injunction application falls under Order 39 Rule 1. An order granting "interim protection" solely because a report is pending, without applying the three-pronged test for injunctions, does not qualify as a temporary injunction order under Order 39 Rule 1 and thus is not appealable under Order 43 Rule 1(r). (!) (!) (!) (!) (!)
  • Facts of the Case: The trial court had granted an

ORDER :

Sunita Agarwal, J.

1. With the consent of learned counsel for the parties, the present petition is being decided finally at the admission stage, itself. No counter and rejoinder affidavits are required as admitted by them.

2. Heard learned counsel for the parties and perused the record.

3. The present petition is directed against an order dated 28.8.2018 whereby the trial court has granted an interim order in favour of the plaintiff, pending disposal of application 6Ga, with the observation that for decision on 6Ga application (temporary injunction matter), spot-inspection report of the site in question is needed. Thus, while issuing direction to the plaintiff to take steps (do pairvi) for getting an Amin report, interim protection has been granted restraining the defendants from interfering or doing any illegal activities in relation to the suit property, which would run contrary to the interest of the plaintiff.

4. It has also been observed by the trial court that in case of any delay on the part of the defendants in complying with the directions of the trial court i.e. in doing pairvi or disposal of temporary injunction application, it would be open for it to reconsider the i

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