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RAVI NATH TILHARI, NYAPATHY VIJAY
Navuluri Suseela Devi – Appellant
Versus
Sri Satyanarayana Educational Society – Respondent
JUDGMENT :
(Ravi Nath Tilhari, J.)
1. Heard Sri Vamsi Krishna B., learned counsel representing Sri Anup Koushik Karavadi, learned counsel appearing for the appellants and Sri Srinivasulu Kurra, learned counsel appearing for respondent Nos.1 and 2.
2. Respondents 1 and 2 are the plaintiffs and the appellants are the defendant Nos.1 and 3 respectively in the suit O.S.No.40 of 2024 pending in the Court of VIII Additional District Judge, Ongole.
3. Plaintiffs filed the suit for a decree against defendants/ present appellants for the following reliefs:
(b) Costs of the suit
(c) For any other relief or reliefs as this Hon'ble court as deems fit and proper in the circumstances of the case.
4. The plaintiffs also filed I.A.No.358 of 2024 under Order 39 Rules 1 and 2 C.P.C., restraining the defendants from causing further damage to the college premises and interfering with peaceful possession and enjoyment thereof.
5. Learned trial Court by the order under challenge dated 10.05.2024 issued ex parte ad-interim
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 statutory requirements for an ex parte injunction renders the order invalid, emphasizing the need for adherence to procedural mandates.
The trial Court must provide reasoned orders when dealing with applications for temporary injunctions, particularly in urgent cases, and should not simply issue mechanical orders without assessment.
The court must record reasons for granting ex-parte injunction without notice, making this requirement mandatory for valid exercise of jurisdiction.
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.
Temporary injunction – When ex-parte temporary injunction is granted, defendant has right to file application under Order 39 Rule 4 of CPC and seek for vacating the same.
Trial courts must evaluate all materials presented in applications for injunctions and provide clear reasoning for their decisions, especially when considering ad-interim orders.
The court emphasized that an ex-parte temporary injunction must comply with Order 39 Rule 3 of CPC, requiring the court to assign reasons for its decision, failing which the order is liable to be set....
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