Uttarakhand High Court

WPMS/1273/2025 on 9 May, 2025

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                                        2025:UHC:3795
                Office Notes,
             reports, orders or
SL.            proceedings or
      Date                                                COURT'S OR JUDGE'S ORDERS
No.            directions and
              Registrar's order
              with Signatures
                                  WPMS/1273/2025
                                  Hon'ble Manoj Kumar Tiwari, J.

Mr. Vikas Kumar Guglani, Advocate for the petitioners.

2. Petitioner is defendant in an injunction suit. Learned trial Court granted temporary injunction in favour of the plaintiff. Petitioner challenged order of temporary injunction, passed by trial Court in Miscellaneous Appeal. The said appeal has been dismissed. Thus, feeling aggrieved, petitioner has approached this Court.

3. Heard learned counsel for the petitioner and perused the impugned judgment and orders. Both the learned Courts below have given valid reason for grant of injunction. All three relevant factors, namely, prima facie case, balance of convenience and irreparable loss have also been considered.

4. Since grant of injunction is discretionary and both the learned Courts below have concurrently taken a view in favour of the plaintiff, therefore, this Court is not inclined to disturb the discretionary injunction, granted in favour of the plaintiff.

5. Thus, there is no scope for interference with the impugned order. The writ petition is dismissed.

(Manoj Kumar Tiwari, J.) 09.05.2025 Mahinder/