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BIRENDRA KUMAR
His Holiness Syedna Mufaddal Saifuddin (T. u. s. ), Through Power Of Attorney Holder Shabbir K. Mustafa S/o Qurban Hussain Bohra Mustafa – Appellant
Versus
Abid Hussain, S/o. Hasan Ali Bohra Abid – Respondent
ORDER :
(Birendra Kumar, J.)
1. Heard learned counsel for the appellant.
2. During pendency of a civil suit for declaration, possession and injunction, the learned trial Court granted ad-interim injunction under Order 39 Rule 1 and 2 C.P.C. in favour of the plaintiff-appellant. The said order was set aside by this Court on an appeal. Thereafter, the plaintiff moved an application under Order 39 Rule 4 C.P.C. before the trial Judge for discharge/vary or setting aside the order of injunction on the grounds stated in the petition. The prayer was refused by the impugned order.
3. The point for consideration herein is “whether application under Order 39 Rule 4 would be maintainable before the trial Judge to undo the effect of the order of the Appellate Court?.”
4. A brief background leading to this civil misc. appeal is that the appellant had filed Civil Original Suit No.34/1985 praying therein for a decree of declaration, injunction and possession in respect of all the four mosques (masjid) referred in the plaint.
5. Before filing of the suit, a proceeding under Section 145 Cr.P.C. was going on for the same four mosques.
6. Misc. Application No.40/1985 was filed by the plaintiff-appellant for
The trial court cannot vary or interfere with the appellate court's specific directions regarding injunctions, ensuring judicial consistency and propriety.
Clear evidence of an existing injunction is necessary for contempt proceedings; mere assumptions or vague terms do not suffice.
Non-compliance with statutory requirements for an ex parte injunction renders the order invalid, emphasizing the need for adherence to procedural mandates.
Non-compliance with the conditions of an ex parte injunction under Order 39, Rule 3 CPC renders the injunction invalid, necessitating prompt judicial action.
The main legal point established in the judgment is that orders regarding injunctions fall under Rule 1 or Rule 2 of Order 39 of the Code of Civil Procedure and are appealable. Additionally, the judg....
The court must record reasons for granting an ex parte injunction without notice, as required by the Code of Civil Procedure, ensuring fairness in judicial proceedings.
Refusal to grant ex parte injunction is appealable; procedural adherence is vital for determining appealability under CPC.
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