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TUSHAR RAO GEDELA
Sohan Lal Sharma – Appellant
Versus
Shiv Mandir – Respondent
JUDGMENT :
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. Exemption allowed subject to all just exceptions.
CM APPL. 11252/2023 (Exemption)
2. Application stands disposed of.
3. The petitioner challenges the order dated 28.02.2023 in Civil Suit No. 214/2023 titled “Sohan Lal Sharma Vs. Shiv Mandir And Ors.” whereby the learned Trial Court had issued notice on the suit seeking permanent injunction as also notice was issued on the application under Order XXXIX Rule 1 & 2 CPC, 1908 and listed the matter for consideration on 04.05.2023.
CM(M) 376/2023 & CM APPL. 11251/2023 (Stay)
4. Learned counsel submits that the threat of dispossession was issued vide letter dated 21.02.2023 to the petitioner/plaintiff to vacate the suit premises within seven days. Learned counsel submits that immediately thereafter petitioner/plaintiff filed the present suit for injunction and filed along with the same, an application seeking ad interim ex parte injunction from being dispossessed from the suit property.
5. Learned counsel submits that issuance of notice by the learned Trial Court was returnable on 04.05.2023 without passing any ad interim injunction orders which may render
Urgency of relief sought and the court's direction to dispose of the application under Order XXXIX Rule 1 & 2 CPC 1908 at the earliest.
Urgent disposal of interim applications under relevant civil procedure rules.
The court emphasizes the consideration of interlocutory applications prior to service of notices to ensure rights are not prejudiced.
The court has the power to grant interim injunctions to protect the possession of a party and maintain status quo in property disputes until the disposal of the interim application.
Injunction – It becomes duty of Courts to examine whether there is any urgency in the matter or not – When a prima facie case is made out, Courts must grant temporary injunction.
The main legal point established in the judgment is that inherent powers of the court should supplement, not replace, remedies provided in the law. The court emphasized the need for immediate relief ....
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.
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