Delay in the disposal of interlocutory applications for temporary injunctions violates the plaintiff's right to expeditious justice and defeats the purpose of preserving the property in dispute.

JUDGMENT

SUBBA REDDY SATTI, J. - Plaintiff in the suit filed the above Revision under Article 226 of the Constitution of India seeking expeditious disposal of I.A.No.782 of 2022 in O.S.No.551 of 2022 on the file of Principal Junior Civil Judge, Kadiri.

2. Plaintiff filed suit in O.S.No.551 of 2022 on the file of the Principal Junior Civil Judge, Kadiri seeking permanent injunction against the defendant in the suit. Plaint was presented on 22/8/2022 and the same was registered on 23/8/2022. Along with the plaint, I.A.No.782 of 2022 was filed under Order XXXIX Rules 1 and 2 CPC for grant of temporary injunction. The said interlocutory application was heard by the presiding officer on 23/8/2022 and adjourned the matter to 24/8/2022. On 24/8/2022, urgent notice was ordered to the respondent, and it was adjourned to 8/9/2022.

3. On 8/9/2022, vakalath was filed on behalf of defendant, in office, and hence the matter was adjourned to 28/9/2022. On 28/9/2022, counter was not filed and at request it was adjourned to 1/12/2022. Thus, interlocutory application was adjourned beyond 60 days.

4. Since, I.A. was adjourned to 1/12/2022 from 28/9/2022, petitioner/plaintiff filed I.A.No.970 of 2022 in I.A.No.782 of 2022 under rule 109 (2) of Civil Rules Practice to advance I.A.No.782 of 2022 from 1/12/2022. The said I.A.No.970 of 2022 was filed on 12/10/2022.

5. I.A.No.970 of 2022 was adjourned for filing of counter to 17/10/2022. Counter was filed on 17/10/2022. I.A. was adjourned to 27/10/2022 for enquiry. Again, matter was adjourned from 27/10/2022 to 1/12/2022 and from 1/12/2022 to 29/12/2022.

6. Seeking expeditious disposal of I.A.No.782 of 2022, the above revision is filed. Since, no order in the suit is under challenge, notice to respondent is dispensed with.

7. The suit itself is filed for permanent injunction and I.A is filed for temporary (ad-interim) injunction. The Trial Court initially ordered urgent notice, however, when vakalat was filed on 8/9/2022, trial Court could have insisted to file counter so that I.A would be decided as expeditiously as possible.

8. Justice delayed is justice denied is an established principle of law.

9. An Injunction is a Judicial process, whereby, a party is required to do, or to refrain from doing, any particular act. It is a remedy in the form of an Order of the Court addressed to a particular person/persons be it corporate or individual that either prohibits him from doing or continuing to do a particular act or orders to carry out a certain act.

10. Objective of ad-interim/exparte/temporary injunction is preservation of property in dispute till legal rights and conflicting claims of the parties before the courts are adjudicated. It is a relief granted to the party to prevent it from any injury. It is only provisional in nature. It does not conclude rights of the parties. Operation of order will be in force till hearing of interlocutory application.

11. If an injunction application (interlocutory application) is kept pending for considerable time without disposing of the same, the very purpose of filing of interlocutory application is being frustrated or defeated. As stated supra the primary objective of ad-interim or exparte injunction is to maintain and preserve the existing state of things at the time of institution of proceedings and to prevent any change until the final determination of the application or the suit. It is a relief granted to the party to prevent it from any injury.

12. As seen from the docket proceedings in the case on hand, I.A. 782 of 2022 was filed for grant of ad interim/exparte injunction. Court below ordered urgent notice and later after filing of vakalat, adjourned I.A. from 28/9/2022 to 1/12/2022 and so on. Thus, by virtue of long adjournment, the very purpose of filing of I.A. is frustrated or defeated.

13. The irony of petitioner doesn 't stop at there. When the petitioner filed I.A.No.970 of 2022 seeking to advance I.A.No.782 of 2022, in spite of filing counter, I.A.No.970 of 2022