BABU LAL & Ors. v. M/S VIJAY SOLVEX LTD & Ors.

the-defendants/non-applicants, the trial court found that A the plaintiffs have made out partially a prima facie case. The application for temporary injunction against the non- a p plica nt and the counter temporary injunction application filed on behalf of the non-applicants were lpartly allowed. The trial court ordered that the applicants B and non-applicants no.1 to 31 and 36 to 43 shall not sell/ transfer the immovable properties as mentioned. in Schedule "Ka" to "Cha" and nol' shat1 they create any substantial charge on the said properties and the Companies/Partnership firms controlled and run by the c parties of which details have been given in Schedule "Ka" to "Cha" regarding them the audited accounts of income and expenditure half yearly/annually whichever is got done in the normal sequence shall be presented before the Court. Apart from that the other prayers which 0 were made by both the parties were rejected. Aggrieved, the non-applicants challenged the said order before the High Court. The High Court perused the. family settlement between the parties and modified the interim order and set aside the temporary injunction E granted in favour of plaintiffs/appellants and confirmed that part of the order requiring production of audited/ unaudited accounts of the companies/partnership firms run by the parties. The instant appeal was filed challenging the order of the High Court. F Disposing of the appeal and remitting the matter to High Court for fresh disposal, the Court HELD: In the instant case, the parties have raised similar pleas which were taken before the High Court. G However, while dealing with a matter relating to vacation of order of temporary injunction, it was not open for the High Court to give a finding on the main issue relating to H 1130 SUPREME COURT REPORTS - [2014] 6 S.C.R. A maintainability of the suit and the family settlement reached between the parties. The impugned judgment is set aside. [Para 7] [1136-F-G]