AO/275/2021
2021 Latest Caselaw 5367 UK

     IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
      ON THE 28TH DAY OF DECEMBER, 2021
                                BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

      APPEAL FROM ORDER No. 275 OF 2021

BETWEEN:
Indian Church Trustees.                                 .....Appellant
      (By Mr. Sahil Mullick, Advocate)

AND:

Seema Singh.                                            ...Respondent
      (There is no representation for the respondent)


                             JUDGMENT

In this Appeal from Order, appellant has challenged the order dated 27.11.2011 passed by learned Civil Judge (Senior Division), Nainital in O.S. No. 68 of 2021. By the said order, Temporary Injunction Application filed by the appellant was rejected.

2. I have gone through the impugned order. Learned trial Court has considered all the three relevant factors, namely, prima facie case, balance of convenience and irreparable injury and has come to the conclusion that appellant has not been able to make any prima facie case for grant of temporary injunction.

3. Appellant had filed a declaratory suit in respect of church property and had also sought temporary injunction, restraining the defendant from creating third party interest.

4. Since transfer, if any, made during pendency of the suit, is subject to Doctrine of Lis Pendens, therefore, the order passed by learned trial Court cannot be faulted.

5. It is settled position in law that injunction is a discretionary relief. Since learned trial Court has refused to exercise its discretion after considering all relevant aspects, therefore, this Court is not inclined to interfere with the impugned order.

6. Accordingly, the Appeal from Order fails and is dismissed.

(MANOJ KUMAR TIWARI, J.) Navin