The judgment underscores the significance of factual context in issuing injunctive relief, particularly where long-standing rights or documents are involved.

J U D G M E N T

Defendant in a suit for cancellation of a deed and other reliefs is the appellant. Suit was filed by the sister of appellant challenging revocation of a gift deed executed in her favour 17 years before by her brother – the defendant. Suit after trial was dismissed. Against the dismissal of suit, plaintiff preferred an appeal in which she moved an application for an interim injunction against respondent/defendant. Negativing the objections raised by defendant the first appellate court has allowed the application granting the appellant the discretionary relief canvassed. That order is challenged in the present appeal.

2. Some of the findings/observations made by the court below in its order are factually incorrect and misconstruing of facts involved in the case has resulted in allowing of the application for injunction, is the submission of learned counsel for the appellant. The court below has proceeded on the premise that in the counter filed to the application defendant admitted possession of plaint property with the plaintiff and also that there was an order of interim injunction in force till disposal of the suit passed by the trial court. Both circumstances as above, relied by the court are factually incorrect, is the submission of learned counsel for appellant. Appellant continues in possession of the property and gift in favour of his sister was executed only as a security in lieu of gold ornaments promised and offered for her marriage and, later, after she was given the gold ornaments promised the gift was revoked executing the cancellation deed, is the submission of counsel. Counsel further contended that when suit for revocation of cancellation deed has been dismissed, plaintiff was not entitled to the discretionary relief of injunction. Suit was instituted after issuing a notice demanding putting up a boundary for separating the property gifted to her, which was lying adjoining to the property of defendant, is the submission of learned counsel for plaintiff. That notice was responded with a reply notice with untenable contentions. After issuing of notice by the plaintiff and before sending the reply notice cancellation deed was executed by defendant revoking the gift made in her favour 17 years ago, and it was under those circumstances the suit was instituted for the reliefs canvassed, is the further submission of counsel. In the reply notice there was no reference to the cancellation of the gift though the deed thereof had been executed before sending such notice, is the submission of counsel. Taking note of the above facts and circumstances presented in the case exercising its discretionary powers the appellate court has granted the relief of interim injunction and it does not suffer from infirmity, is the submission of learned counsel for respondent.

3. After looking into the order passed by learned Sub Judge granting an interim injunction in favour of respondent/plaintiff in the backdrop of the case involved, and taking note of the close relationship of parties also, I find what is called for at this stage is an expeditious disposal of appeal. Registered gift deed executed in favour of sister by the brother remained so for a period of 17 years without any cancellation or revocation is a material circumstance in considering the merit of the claim canvassed by plaintiff/appellant for the discretionary relief of injunction. That being so, there is no impropriety or illegality in the order passed by lower appellate court in allowing the application for injunction moved by plaintiff. However, I make it clear that none of the observations made by the lower appellate court, nor by this Court, shall have any baring in deciding the appeal, which has to be disposed on its merit with reference to pleadings and evidence tendered and in accordance with law.

4. The lower appellate court is directed to dispose the appeal as expeditiously as possible, at any rate within a period of six months from the date of recei