Court while dealing with prayer of vacation of interim injunction cannot decide the main controversy in issue
Court while hearing a plea seeking vacation of temporary/ interim injunction cannot decide upon the maintainability of the suit. The Apex Court gave the above finding in a matter where Rajasthan High Court vide its impugned judgment modified the interim order passed by the lower Court partially allowing the interim application filed to seek temporary injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).
The Apex Court held that, “while dealing with a matter relating to vacation of order of temporary injunction, it was not open for the High Court to give a finding on the main issue relating to maintainability of the suit and the family settlement reached between the parties”.
[Babu Lal & Ors. vs. M/s. Vijay Solvex Ltd. & Ors.]