Delivered by: Hon'ble Mr. Justice C. Hari Shankar

Subject: Interference by the High Court in exercise of its supervisory jurisdiction under

Article 227 of the Constitution

Held:

On the question of whether to grant, or not to grant, injunctive relief under Order XXXIX Rules 1 and 2 CPC, is discretionary, the Court said that there is no right that inheres, in any party, to interim injunction under Order XXXIX. "If, however, in granting, or rejecting an application preferred under Order XXXIX Rules 1 and 2 CPC, a court acts arbitrarily or illegally, or in irregular exercise of the jurisdiction vested in it, the hierarchically superior court may interfere," The scope of interference by the High Court, in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India, with an order passed by the court below under Order XXXIX Rules 1 and 2 is very restricted, however, where the court below has exercised its jurisdiction in a palpably erroneous manner, as would call for correction by the High Court, as a supervisory court, that the High Court would act under Article 227.