Whether Temporary injunction restraining defendant from interfering with possession, can be granted

In a suit for declaration of title to lands simpliciter without any prayer for consequential relief the plaintiff-is not entitled to ask for temporary injunction against the defendants restraining them from interfering with plaintiff's alleged possession of the suit land is generally applicable to a case where a suit for title relating to immovable property is filed and consequential prayer ought to have been made, but has not been made, and an injunction is sought for. Normally this rule is to be observed, but it cannot be taken as an absolute rule, because if the suit is otherwise maintainable, and if it is found that the defend­ant without being in possession, wants to dis­turb the possession, the Court cannot be power­less to grant temporary injunction in an appro­priate case. The order granting injunction must be a speaking order………… (5) 

Although the law, as provided under Section 494 of the Code of Criminal Procedure, authorizes a Public Prosecutor to make a prayer to the Court for withdrawal of the case from prosecution but that is subject to consent of the trial Court and that the Court would exercise its function judicially before giving such consent which implies that the Court will have to examine the materials on which the Government decides withdrawal of a case from prosecution...................................(11)