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.

ORDER :

PRADEEP SINGH YERUR, J.

Heard learned counsel for the petitioner.

2. This petition is filed by the plaintiff in O.S.No.1268/2025 wherein he has sought for relief of declaration and other consequential reliefs.

3. Along with the plaint, the plaintiff filed an application under Order 39 Rule 1 and 2 read with Section 151 of CPC which is IA.No.1. It is also seen that the trial Court has not mentioned the application nor the provisions of law while passing the impugned order dated 06.11.2025.

4. Learned counsel for the petitioner/plaintiff contends that the impugned order is illegal, perverse and arbitrary; such an order could not have been passed by the learned trial Judge. He further contends that when he has pleaded for an urgent order of ad-interim temporary injunction prior to issuance of notice to the defendants, the trial Court ought to have considered the same and passed the order, whereas the trial Court has refrained from even mentioning the provisions of law and also not made any observations with regard to the reasons for not granting the ad-interim order and has passed an order mechanically, which is not sustainable in law.

5. This Court does not find need or necessity to issue notice to respondents/defendants for the reasons that the defendants are not served with notice yet before the trial Court, and the next date of hearing is given as 30.03.2026.

6. While considering the application filed under Order 39 Rule 1 and 2 read with Section 151 of CPC the trial Court is obligated to follow the following procedure.

7. When an application is filed under Order XXXIX Rule 1 and 2 read with Section 151 of CPC, it is the duty and obligation of the trial Court to consider the documents placed by the plaintiff before it, either along with the plaint, or otherwise including the averments made in the affidavit annexed to the application or any material that is produced along with the plaint to prima facie satisfy itself for grant or non-grant of an ad- interim order of temporary injunction. The provisions under Order XXXIX Rule 1 and 2 is also for grant of an ad-interim temporary injunction, by dispensing notice to the defendants in view of the urgency so stated if any and to the satisfaction of the trial Court.

8. It is needless to mention that the trial Court is required to see that if the suit schedule property is in danger of being wasted, damaged, alienated or wrongfully sold in execution or defendants threatens or intends to remove or dispose of the property, or there is any threat to dispose the property or dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to the suit schedule property, then the court may issue notice to the defendants and, upon appearance of the defendants, consider and pass suitable orders.

9. The proviso to Order XXXIX Rule 3 provides that the Court has the option of either issuing notice or, in exceptional and extraordinary circumstances where the Court finds that an ad -interim order of temporary injunction is required to be granted prior to issuance of notice on the ground of urgency made out and that the delay in issuance of notice would cause hardship and inconvenience and threat of dispossession to the plaintiff with regard to the suit schedule property or any damage to the suit schedule property or to the plaintiff, the Court may grant an ad-interim order of temporary injunction prior to issuance of notice. Therefore, the proviso to Order XXXIX Rule 3 provides this