Jawahar Bharti Education Trust & Ors. Vs. S.Y. Mariappa & Anr.
EmailAppeal: SLP No. 11205 of 1987.
Petitioner: Jawahar Bharti Education Trust & Ors.
Respondent: S.Y. Mariappa & Anr.
Apeal: SLP No. 11205 of 1987.
Judges: RANGANATH MISRA & S. RANGANATHAN, JJ.
Date of Judgment: Nov 02, 1987
Head Note:
PRACTICE AND PROCEDURE
Trial Court while entertaining the suit granted interim injunction – On appeal the High Court held that the suit was not maintainable and did not examine the question of injunction – Question of maintainability of suit should be left to be adjudicated by the trial court – High Court to examine the question of injunction.
JUDGEMENT:
O R D E R
1. Special Leave granted.
2. Heard learned counsel for the parties. The Trial Court had entertained the suit and had granted an interim order of injunction against which an appeal was carried to the High Court. The High Court has come to the conclusion that the suit was not maintainable. There appears to be force in the submission on behalf of the appellants that on the basis of the finding of maintainability, the question of injunction has not been examined by the High Court while disposing off the matter.
3. The question as to whether the suit lay would be an issue for examination at the trial and, therefore the observation that the suit is not maintainable while disposing of the appeal in the miscellaneous matter would not be appropriate. We direct that the question of maintainability of the suit should be left to be adjudicated by the trial court and so far as the question of injunction is concerned the matter should go to the High Court for disposal on its own merit. Both the parties have agreed that they would appeal before the High Court on 16 Nov. 1987, when the matter would be listed before the appropriate bench. In view of what we have said the order of the High Court will stand set aside. The appeal is disposed of accordingly. No costs.
1. Special Leave granted.
2. Heard learned counsel for the parties. The Trial Court had entertained the suit and had granted an interim order of injunction against which an appeal was carried to the High Court. The High Court has come to the conclusion that the suit was not maintainable. There appears to be force in the submission on behalf of the appellants that on the basis of the finding of maintainability, the question of injunction has not been examined by the High Court while disposing off the matter.
3. The question as to whether the suit lay would be an issue for examination at the trial and, therefore the observation that the suit is not maintainable while disposing of the appeal in the miscellaneous matter would not be appropriate. We direct that the question of maintainability of the suit should be left to be adjudicated by the trial court and so far as the question of injunction is concerned the matter should go to the High Court for disposal on its own merit. Both the parties have agreed that they would appeal before the High Court on 16 Nov. 1987, when the matter would be listed before the appropriate bench. In view of what we have said the order of the High Court will stand set aside. The appeal is disposed of accordingly. No costs.
