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2019 (9) TMI 1647 - UTTARAKHAND HIGH COURTGrant of temporary injunction - order of status quo passed by learned trial court is set aside - Order 43 Rule 1(r) of C.P.C. - HELD THAT:- Grant of temporary injunction is discretionary and the appellate court will not interfere with the exercise of discretion of court of first instance except where the discretion has been shown to have been exercised arbitrarily, or capriciously or perversely or where the court had ignored the settled principles of law regulating grant or refusal of interlocutory injunctions - It is apparent that scope of interference by learned appellate court with learned trial court’s order on temporary injunction application is limited. If two views are possible, then the view taken by learned trial court has to be maintained. Hon’ble Supreme Court in the case of Maharwal Khejwaji Trust (Regd.) Faridkot Vs Baldev Dass [2004 (10) TMI 638 - SUPREME COURT] has held that unless and until a case of irreparable loss or damage is made out by a party to the suit, the court should not permit a change of the said status quo, which may lead to loss or damage being caused to the party who may ultimately succeed and may further lead to multiplicity of proceedings - In the present case, the dispute is regarding a passage 7.5 ft. in width. Plaintiffs (petitioners herein) apprehend that the defendants ( respondents herein) will increase the height of the passage by laying concrete, which will result in water logging in the adjoining plots belonging to the plaintiffs and will also block the drain. A perusal of the order passed by learned trial court indicates that learned trial court was justified in directing the parties to maintain status quo in order to maintain and preserve the property. Thus, learned appellate court was not justified in interfering with the discretionary order passed by learned trial court - Petition allowed.
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