MD. SAIFULLAH WAKF ESTATE AND ANR. Vs. SARA DEVI AGARWALLA ALIAS MADHANIA

JUDGEMENT

(1.) INJUNCTION is not a matter of charity. A court cannot grant an injunction as and when an application before it is filed. Granting of an injunction must be in exercise of the judicial discretion of the court and in granting an injunction a Court is duty bound to find out whether the 3 (three) ingredients and golden principles for grant of injunction are present or not. These three principles are:

(2.) THE next case on this is, (1989) 2 GLR 372 Smti Aparajita Mukherjee and Ors. v. Anil Kumar Mukherjee and Anr. where the Division Bench of this Court held as follows in paragraphs 5 and 6:

(3.) A bare perusal of this order will show that though the Learned District Judge to do justice to the parties withdrew the case to his file he did not adhere to the basic/minimum requirement of passing an order of injunction as laid down by the Full Bench as well as by the Division Bench of this Court. There is absolutely no reason in the impugned order as to why there was the necessity to pass an order of injunction for the maintenance of status quo and for stay of the Title Execution Case No. 21/81 of the Munsiff No. 1 of Dibrugarh over which he did not exercise even territorial jurisdiction and passed the impugned order to do the justice to the parties. The District Judge after passing the order of injunction transferred the matter to the Learned Asstt. District Judge from its file as if he withdrew the case only to pass the order of injunction in favour of the Appellant. If he is so conscious to do justice between the parties by withdrawing the appeal, he could also dispose of the matter instead of transferring it to the File of Asstt. District Judge. Further, it is settled law that an appeal or a suit cannot be withdrawn Suo Moto by the District Judge to his file without some reason behind it. The order of transfer must show that he applied his mind regarding the necessity of transferring the case but in this case the only ground on which the appeal was transferred was as follows: