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SHAMPA SARKAR
P. L. Jana @ Pannalal Jana – Appellant
Versus
Ashish Mukherjee – Respondent
| Table of Content |
|---|
| 1. overview of injunctive relief related to the functioning of sermu. (Para 1 , 2 , 3) |
| 2. arguments presented by the appellants regarding procedural errors. (Para 4 , 5 , 6) |
| 3. court's analysis and endorsement of lower appellate court's decisions. (Para 19 , 20 , 22) |
| 4. final verdict modifying the current order to an ad-interim status until trial. (Para 28 , 30) |
JUDGMENT :
Shampa Sarkar, J.
1. The revisional application arises out of an order dated January 7, 2023 passed by the learned Additional District Judge, 7th Court at Alipore, in Misc. Appeal No.378 of 2022. The Misc. Appeal arose out of an order dated November 17, 2022 passed by the learned Additional Civil Judge (Junior Division) 3rd Court at Alipore in Title Suit No.1780 of 2022.
2. By the order impugned, the learned lower appellate court allowed the Misc. Appeal on contest. The order of refusal of the prayer for ad-interim injunction passed on November 17, 2022 by the learned Trial Judge, was set aside. By an order of temporary injunction, the petitioners as also the respondent No.3 in the Misc. Appeal, their men, agents and other associates were restrained from disturbing the plaintiffs/opposite parties in the
The court emphasized the necessity of assessing the prima facie case and balance of convenience in granting ad-interim injunctions, highlighting procedural adherence in lower courts.
The court dismissed the appeals against the interim injunction, stating that no final orders had been passed, and the interim injunction was based on sound discretion and was granted for a limited pe....
The failure to record reasons for granting an ex-parte injunction without notice constitutes a jurisdictional error and renders such orders unsustainable.
Judicial orders must maintain consistency; once signed by a judge, an order cannot be rescinded without legitimate reasons, ensuring lawful procedural conduct in civil matters.
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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