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HIGH COURT OF TELANGANA
P.SAM KOSHY, N.TUKARAMJI
Bonthu Guruvareddy – Appellant
Versus
Lachireddy Poornachand – Respondent
JUDGMENT :
P. Sam Koshy, J.
Since the issue in the present Civil Miscellaneous Appeals is one and the same, they are being disposed of by this Common Order.
2. Heard Mr. D.V. Sitaram Murthy, learned Senior Counsel, appearing on behalf of Mr. Naraparaju Avaneesh, learned counsel for the appellants, and Mr. Vedula Srinivas, learned Senior Counsel, appearing on behalf of Mr. G. Kalyan Chakravarthy, learned counsel for the respondents.
3. These are two Civil Miscellaneous Appeals filed by the appellants challenging the common order dated 31.07.2024 in I.A.Nos.552 and 553 of 2024 in O.S.No.110 of 2023, passed by the IV Additional District Judge, Sangareddy.
4. The appellants herein are the plaintiffs and the respondents herein are the defendants before the Trial Court. For the sake of facility, the parties are hereinafter referred to with their rank before the Trial Court.
5. Vide the impugned common order, the Trial Court has allowed the petitions filed by defendant No.1 under Order XXXIX Rule 4 of Civil Procedure Code, 1908 (for short, ‘ CPC ’) i.e. I.A.Nos.552 & 553 of 2024. As a consequence, the interim injunction order of status quo passed on 19.05.2023 by the then Vacation Court was set
The appellate court found the Trial Court's vacation of the interim injunction unjustified, emphasizing the importance of maintaining status quo in ongoing litigation.
Temporary injunctions must align with the relief sought in the main suit; granting relief beyond this scope is impermissible.
The grant of interim injunction is a discretionary remedy based on the prima facie case, balance of convenience, and irreparable loss and injury.
A judicial decision containing the principle, which forms an authoritative element termed as ratio decidendli. An interim order which does not finally and conclusively decide an issue which cannot be....
Temporary injunction – Party approaching Court is not entitled to order of injunction as a matter of right – Grant of interim injunction/permanent injunction is discretionary in nature.
The court affirmed its inherent authority to issue preservation orders under Article 227 and Section 151 of CPC, regardless of injunction criteria not being satisfied, emphasizing the maintenance of ....
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