Suit for declaration, possession and cancellation of documents along with application under O. XXXIX, Rr. 1 & 2, C.P.C.---Respondents/defendants filed contesting written statement as well as reply of application--

 2022 YLR 2479

O. XXXIX, Rr. 1 & 2---Interim injunction--- Necessary ingredients---Petitioners/plaintiffs filed a suit for declaration, possession and cancellation of documents along with application under O. XXXIX, Rr. 1 & 2, C.P.C.---Respondents/defendants filed contesting written statement as well as reply of application---Trial Court accepted the prayer of petitioners/plaintiffs to the extent of restraining respondents/ defendants from alienating the suit property any further--Respondents/ defendants filed an appeal which was allowed by Appellate Court and Dismissed the application----Validity---Petitioners/ plaintiffs could not make out a prima facie good arguable case in their favour, as such , balance of inconvenience and irreparable loss also did not tilt in their favour----Necessary ingredients for grant of temporary injunction under O. XXXIX, Rr. 1 & 2, C.P.C. were existence of prima facie arguable case, balance of convenience and irreparable loss or injury

Transfer of property pending suit relating thereto----Lis pendens, principle of---Scope Prima facie respondents/defendants were shown owners of the suit property and if the respondents/defendants alienated suit property during the pendency of suit that transaction would be subject to the principle of lis pendens, which safeguards the rights of petitioners/ plaintiffs---If any alienation of the property made pendente lite was validated as to effects the rights of opponent , it would start endless litigation