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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 :
“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.
It is the stated by the Counsel for the plaintiff that on 21.06.2015, after the full and final payment Rs.3,60,12,782/- (Rupees Three Crores Sixty Lakhs Twelve Thousand Seven Hundred and Eighty-Two Only) to the defendant No.1 as Sale Consideration, the defendant No.1 had handed over the peaceful physical possession of the land to the plaintiff. After the physical possession of the Suit Land, the plaintiff had merged the said plot of land in its adjoining plotting sites and invested huge funds in terms of lacs and lacs of rupees to and Eighty-Two Only) to the defendant No.1 as Sale Consideration, the defendant No.1 had handed over the peaceful physical possession of the land to the plaintiff. After the
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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