No interim injunction when prima facie case is not in favour of plaintiffs and so also balance of convenience. = Admittedly, there were earlier suits between the parties in O.S.No.25 of 2012 which has become final so also O.S.No.15 of 2002 and both the suits were held against plaintiffs-appellants herein. The subject matter of injunction petition is Ac.0.30 gts. of land, which defendant No.16 claimed through a registered gift deed executed by defendant No.7. The suit filed challenging the gift deed was also held against plaintiffs. Trial Court on a consideration of entire material including the orders and decrees in the earlier suits O.S.No.25 of 2012 and O.S.No.15 of 2002 held that prima facie case is not in favour of plaintiffs and so also balance of convenience. Trial Court recording such findings and having held that plaintiffs are not entitled for the relief of temporary injunction, observed that defendants being parties to the suit if any decree is passed it is binding on them and as the relief of injunction is equitable, such relief cannot be granted to the parties who approached the Court without placing any prima facie material. 6. Considering the submissions of both parties instead of going into the merits and demerits of the case, I feel by directing trial Court to expedite trial the ends of justice would be met

CMA 69 / 2016 r CMASR 2682 / 2016 CASE IS:DISPOSED
PETITIONER RESPONDENT
BALESAB, MAHABUBNAGAR DIST & 4 OTHERS VS JALEEL AHMED SAUDAGAR, MAHABUBNAGAR DIST & 31 OTHERS
PET.ADV. : MAHADEV ANYARAMBHATLA RESP.ADV. : VIJAY KUMAR HEROOR
SUBJECT: ORDER 43 DISTRICT: MAHABUBNAGAR

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