SARPANCH GRAM PANCHAYAT CHHATRAIL Vs. MEGHE KHAN

JUDGEMENT

(1.) THE instant revision petition arises out of the order dated 21. 7. 1995 passed by the learned District Judge, Jaisalmer in Civil Misc. Appeal No. 4/95 whereby the appeal filed against the order of learned Civil Judge (Junior Division)-cum'-Judicial Magistrate, Jaisalmer dated 18. 4. 95 was set aside and appeal was allowed by granting temporary injunction against the revisionist to the effect that Panchayat Bhawan under construction would not be constructed till disposal of the Original Civil Suit pending in the court of learned Civil Judge (Jr. Division)-cum-Judicial Magistrate, Jaisalmer.

(2.) I have heard learned counsel for the parties and critically gone through the orders passed by both the courts-below.

(3.) SINCE grant of temporary injunction is in the nature of equitable relief, therefore, existence of prima facie case alone is not sufficient but other two conditions precedent evolved by the courts about the balance of convenience and irreparable injury are also required to be established before setting aside the order passed by the learned trial court. In my considered opinion, although the learned appellate court meticulously recorded a finding about existence of prima facie case but it has not properly address itself giving cogent and convincing plausible reasons about balance of convenience and irreparable injury.