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TMI Blog2020 (1) TMI 1690X X X X Extracts X X X X X X X X Extracts X X X X ..... rcised keeping in mind the principles governing grant of injunction. Appellate Court would not normally interfere with the exercise of discretion if the conclusion reached by the trial Court is based on the material on record. However, in the present case, the appellate Court on a careful consideration of the material on record came to a definite conclusion that the defendants were in possession of the suit property and, therefore, cannot be deprived of its use and, accordingly, set aside the order of the trial Court - the High Court could not have invoked its jurisdiction under Section 115 of the CPC. From the perusal of impugned order, it is revealed that the appellate Court has reversed the order of the trial Court, directing the parties ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owned and possessed by the parties in equal shares and for permanent prohibitory injunction restraining the defendants from alienating, changing the nature or raising any type of construction thereon. Alongside the suit, the petitioner/plaintiff filed an application for grant of temporary injunction restraining the defendants from alienating, changing the nature or raising any type of construction over the suit land till the disposal of the main suit. 4. After hearing the parties, the learned trial Court allowed the application and directed the parties to maintain status quo on spot with respect to the suit property till the disposal of the main suit. 5. Being aggrieved by the order dated 31.03.2018, by which the trial Court had directed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the trial Court has failed to consider the aforesaid three principles while passing the order of status quo. 9. Having heard learned counsel for the petitioner and perused the record, I am of the view that the order impugned, which is a discretionary order passed by the appellate Court, does not call for any interference in the exercise of power of superintendence vested in this Court under Article 227 of the Constitution. 10. It is well settled that injunction is an interim discretionary relief granted pending adjudication of the suit. Discretion has to be exercised keeping in mind the principles governing grant of injunction. Appellate Court would not normally interfere with the exercise of discretion if the conclusion reached by the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Court, directing the parties not to alienate the suit property in any manner which order very well preserve the suit property till the disposal of the main suit. 14. That apart, the petitioner/plaintiff as rightly observed by the appellate Court is, prima facie, guilty of suppression of material fact about the filing of earlier suit and its fate, in the present suit. A party seeking discretionary relief has to approach the Court with clean hands and it is required to disclose all material facts which may one way or the other affect the decision. The suppression of material facts itself is a sufficient ground to decline the discretionary relief of injunction. Suppression of material facts from the Court itself is a ground for declining to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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