https://www.taxtmi.com/caselaws?id=299754 At the interim injunction stage, disputed questions about valid service of notice, deemed sanction under Section 170 of the Rajasthan Municipalities Act, and whether construction was unauthorised could not be finally decided without evidence. The appellate court erred by treating those factual and legal controversies as conclusively resolved and by denying protection without properly applying the tests of prima facie case, balance of convenience, and irreparable injury. The appellate order was therefore unsustainable, the revision was allowed, and the trial court's restraint order was restored, leaving the merits to be determined in the suit after evidence. en-us Wed, 15 Jan 1997 00:00:00 +0530 Tue, 28 Dec 2021 12:40:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299754 At the interim injunction stage, disputed questions about valid service of notice, deemed sanction under Section 170 of the Rajasthan Municipalities Act, and whether construction was unauthorised could not be finally decided without evidence. The appellate court erred by treating those factual and legal controversies as conclusively resolved and by denying protection without properly applying the tests of prima facie case, balance of convenience, and irreparable injury. The appellate order was therefore unsustainable, the revision was allowed, and the trial court's restraint order was restored, leaving the merits to be determined in the suit after evidence. Case-Laws Indian Laws Wed, 15 Jan 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299754