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J. B. PARDIWALA, R. MAHADEVAN
Time City Infrastructure And Housing Limited Lucknow – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. background of property ownership dispute. (Para 1) |
| 2. challenge to the trial court's order. (Para 2) |
| 3. advocacy by the petitioner. (Para 3) |
| 4. requirements for granting ex parte injunction. (Para 4 , 5 , 6 , 7) |
| 5. trial court to decide injunction on merits. (Para 8) |
| 6. disposal of the special leave petition. (Para 9 , 10) |
ORDER :
1. This petition arises from the order passed by the High Court of Judicature at Allahabad (Bench Lucknow) dated 24-7-2025 in Writ- C No.6701/2025 by which the petition filed by the respondents – herein (original defendants) came to be allowed thereby set asiding the order passed by the Civil Judge (Senior Division) granting ex parte injunction as prayed for by the petitioner – herein in Civil Suit No.447/2025. The Trial Court passed the following order dated 9-5-2025 while granting ex parte injunction in favour of the petitioner – herein (original plaintiff):-
“Heard on the arguments of the Ld.Counsel for the plaintiff on the Application C-6 with affidavit C-7 of the plaintiff on ad interim Injunction.
The plaintiff has filed the Extract of Khatoni of Year 1425- 1430 C-11/1 Ta 10 at serial no.C-10, Certified copy of Agreement to Sell Dated.21.0
Ex parte injunctions must comply with mandatory procedural requirements, including giving notice to the opposing party. Non-compliance mandates vacating the injunction.
Injunctions without notice require rigorous justification and must adhere to procedural safeguards, emphasizing the necessity of recording reasons for ex parte orders to uphold fair judicial process.
The main legal point established in the judgment is that orders regarding injunctions fall under Rule 1 or Rule 2 of Order 39 of the Code of Civil Procedure and are appealable. Additionally, the judg....
The court established that compliance with procedural requirements for granting ex parte injunctions is not optional but mandatory, and failure to adhere to these requirements invalidates the injunct....
Non-compliance with the conditions of an ex parte injunction under Order 39, Rule 3 CPC renders the injunction invalid, necessitating prompt judicial action.
Non-compliance with statutory requirements for an ex parte injunction renders the order invalid, emphasizing the need for adherence to procedural mandates.
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