Interim Injunctions in Specific Performance Suits and the Evidentiary Scope of Readiness and Willingness

sketch of the Bombay High Court
Case
PUSHPAK ANNA MESHRAM v. SMT. RITA ANIL UMATHE AND ORS. (Bombay High Court, 29-09-2026)
Law
Code of Civil Procedure, Specific Relief Act, Transfer of Property Act.

Highlights of the Judgment:

  • Examination of the scope of granting temporary injunctions under Order 39 Rules 1 and 2 of the Civil Procedure Code in suits for specific performance.
  • Analysis of Section 16(c) of the Specific Relief Act regarding readiness and willingness as matters for evidentiary trial rather than interim stages.
  • Evaluation of Section 52 of the Transfer of Property Act and whether the doctrine of lis pendens bars interim injunctive relief.
  • Reiteration that courts must avoid conducting a mini-trial during interim injunction hearings.
  • Standards for interfering with concurrent findings of lower courts under writ jurisdiction.