Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Scope–Ad interim relief can be granted only till the final disposal of the temporary injunction application and not till the disposal of the suit.
Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Permission for raising the construction and further letting out the property–Relief can not be granted at the ad interim stage and that too, without there being any prayer for the same.
Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Interim relief till the disposal of suit–Permissibility of granting–Neither the reply nor the counter was filed till the date of passing the order–Ad interim relief was to be granted till the disposal of the application for temporary injunction–Trial Court proceeded as if it was deciding the temporary injunction application–Further, the order is self-contradictory and in excess of jurisdiction –Impugned order is liable to be quashed up to a certain extent.
