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    <title>1948 (4) TMI 6 - MADRAS HIGH COURT</title>
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    <description>An injunction to restrain execution of a subsisting compromise decree is not available under Order 39, Rules 1 and 2 of the Code of Civil Procedure merely because the decree is under appeal or the applicants were not parties to it. Execution of an unset aside decree is not treated as legal injury within those provisions. The commentary also states that subordinate courts do not have inherent jurisdiction, outside Order 39, to grant such extraordinary injunctive relief; any wider inherent power recognised in some decisions is confined to the High Court. Accordingly, applications for interim injunction on these grounds are unsustainable in law.</description>
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    <pubDate>Mon, 05 Apr 1948 00:00:00 +0530</pubDate>
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      <title>1948 (4) TMI 6 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=272477</link>
      <description>An injunction to restrain execution of a subsisting compromise decree is not available under Order 39, Rules 1 and 2 of the Code of Civil Procedure merely because the decree is under appeal or the applicants were not parties to it. Execution of an unset aside decree is not treated as legal injury within those provisions. The commentary also states that subordinate courts do not have inherent jurisdiction, outside Order 39, to grant such extraordinary injunctive relief; any wider inherent power recognised in some decisions is confined to the High Court. Accordingly, applications for interim injunction on these grounds are unsustainable in law.</description>
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      <pubDate>Mon, 05 Apr 1948 00:00:00 +0530</pubDate>
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