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Issues involved:
The issues involved in this case include specific performance of an agreement for purchase of a residential house, multiple rounds of litigation, rejection of ad interim injunction, grant of temporary injunction, interpretation of Order 39 Rule 1(c) of the Civil Procedure Code, and the principles governing the grant of ad interim injunction. Specific Performance and Litigation History: The case involved a series of litigations starting from a suit for specific performance of an agreement for the purchase of a residential house. Subsequent rounds of litigation included objections to execution applications, claims of joint family property, and allegations of fraud by the respondent against the appellant. Grant of Temporary Injunction: The Court discussed the provisions of Order 39 Rule 1(c) which allows for the grant of temporary injunction to prevent dispossession or injury to the plaintiff in relation to the property in dispute. The Court emphasized that the grant of injunction is a discretionary relief based on the existence of a serious disputed question, probability of entitlement to relief, protection from potential injury, irreparable harm, and balance of convenience. Principles Governing Ad Interim Injunction: The Court highlighted that the burden lies on the plaintiff to establish a prima facie case that needs adjudication at trial. The Court must also consider irreparable injury, lack of alternative remedies, and balance of convenience before granting an injunction. The Court stressed that the grant of injunction is a judicial discretion based on sound judgment to maintain the status quo pending the suit. Judgment: The Supreme Court found that the High Court erred in granting the temporary injunction without proper consideration of the facts and circumstances. The Court set aside the High Court's order and confirmed the trial Court's decision. The Court clarified that its observations were prima facie and subject to evidence and proof at the trial on merits. Each party was directed to bear their own costs.
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