Conditions for grant of Temporary injunctions
In case of Kashinath Sansthan v. Srimad Sudhindra Thirtha Swamy, MANU/SC/1852/2009 : AIR 2010 SC 296 the court prescribed the criteria for temporary injunction as follows:
“In order to grant an order of injunction, the party who seeks for grant of such injunction has to prove that he has made out a prima facie case to go for trial, the balance of convenience is also in his favour and he will suffer irreparable loss and injury if injunction is not granted. But it is equally well-settled that when a party fails to prove prima facie case to go for trial, question of considering the balance of convenience or irreparable loss and injury to the party concerned would not be material at all, that is to say, if that party fails to prove prima facie case to go for trial, it is not open to the court to grant injunction in his favour even if he has made out a case of balance of convenience
being in his favour and would suffer irreparable loss and injury if no injunction is granted.
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