Trial court need not hold a mini-trial at the stage of granting an ex parte ad interim injunction- Calcutta High Court

Injunction - **Ex parte ad interim injunction** granted by the trial court - Found to be based on relevant materials and pleadings on oath - Appellate court cannot interfere unless findings are perverse or unreasoned - Trial court need not hold a mini-trial at the stage of granting an ex parte ad interim injunction. A. Code of Civil Procedure, 1908 Order XXXIX, Rules 1 and 2 Injunction - Ex parte ad interim injunction - Trial court granted the injunction after considering plaint averments, documents, and photographic evidence - Injunction was granted to protect possession of plaintiffs over suit property (driveway and central lawn) - Held, at the ex parte stage, court needs to assess foundational ingredients for granting injunction, not conduct a mini-trial. B. Property Law Conveyance deed - Common areas and facilities - Plaintiffs' deed included common areas such as driveways and passageways - Agreement between developers and builders incorporated in deeds - Wide language in deed's habendum clause supports plaintiffs' claim over common areas. C. Evidence Importance of agreement relied upon by plaintiffs - Agreement dated January 5, 2006 forming basis of plaintiffs' rights - Defendant, being a signatory, has duty to produce it - Trial court justified in relying on plaintiffs' averments and documents at ad interim stage.

D. Appellate Review Scope of appellate court's interference with ex parte injunction orders - Held, interference is permissible only if trial court's findings are perverse or unreasoned - Appellate court may supply additional reasons if concurring with trial court's conclusion.