Whether court can grant injunction even if there is no application for injunction?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE  JURISDICTION

WRIT PETITION NO. 8396 OF 2017
Shadaab S. Patel  vs. Oscar Builders Pvt. Ltd. and anr.

CORAM :  M. S. SONAK, J.
DATE     :    18 SEPTEMBER 2017.

1] Not on board. In view of urgency, taken on production board.

2] Learned counsel for the petitioner states that the petitioner has no objection to the impugned order, by which the preliminary issue   has   been   framed.   However,   the   petitioner   is   aggrieved   by denial of interim relief, which, the petitioner is entitled to press in terms of Section 9A(2) of the CPC.

3] In this case, the impugned order does not reject any interim relief. All that, learned Trial Judge has observed that there was no application   for   interim   relief   and   in   the   absence   of   any   such application, there is no question of consideration of any prayer for interim relief. Learned counsel for the petitioner points out that in the reply filed to the motion for framing of preliminary issue, the petitioner had applied for interim relief.

4] From the perusal of the reply, there does not appear to be any such prayer. In any case, it is only appropriate that the petitioner, if, is   seriously   interested   in   any   interim   relief   should   take   out   an appropriate   application,   which   can   always   be   considered   in accordance with law by learned Trial Court. Accordingly, there is absolutely no case is made out to interfere with the impugned order. In any case, the petitioner is granted liberty to take out a proper application supported by the affidavit seeking interim reliefs. If such application is taken out, the Trial Court to consider the same in accordance   with   law   and   on   its   own   merits   by   affording   an opportunity of hearing to the opposite party.

READ  Brother of female hindu is entitled to inherit tenanted premises inherited by her?

5]   With   aforesaid   observations   and   liberty,   the   petition   is disposed of.

(M. S. SONAK, J.)

 

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