The Trial Judge should not pass interim orders for a mandatory injunction without affording the opportunity to file objections and without hearing the other side. The Civil court is duty-bound to ascertain the maintainability of the Suit in law when filed before it.

CIMA is directed against the order dated 04.06. 2012, whereunder, ad interim injunction application has been allowed by the Trial court and appel­lants have been directed to allow the respondents to avail active parking place for four sumos till disposal of the application filed by the defendants un­der Order 7 Rule 11 CPC. Appellants have also challenged order dated 21st July, 2012, where-under, learned Trial court directed SHO P/S Batamaloo to implement the injunction order.

2. In the facts and circumstances of this case, the learned Trial Judge could not pass interim orders in a suit for mandatory injunction without affording opportunity to file objections and with­out hearing the other side.

3. Mr. M. Sultan, learned counsel for the respondents submitted that the learned Trial Court was justified in passing the order impugned in the Ap­peal as the facts and circumstances of the case warranted for issuance of such directions.

4. Since the maintainability of the Suit had come under eclipse, in view of the application filed under Order 7 Rule 11 CPC, the learned Trial Court ought to have decided that application in the first instance.

5. In the present Appeal, at this stage, this Court would not consider the merits of the case to determine as to whether in the facts of the case, the learned Trial court could issue the di­rections and pass orders which are impugned in this Appeal.

6. Since the Court is only consider­ing the impact of the application filed under Order 7 Rule 11 CPC on the impugned orders, Court is refraining from considering the case on merits.

7. The moment, the application was filed under Order 7 Rule 11, it was duty of the Court to return finding on that. Even, otherwise, Civil Court is duty bound to ascertain whether the Suit is maintainable in law when same is filed before it. The Civil court cannot me­chanically issue notices and orders on presentation of the Plaint. The power given under Order 7 and Rule 11 CPC can be exercised by Civil court suo-moto also.

8. For the above stated reasons, this Appeal is allowed. Impugned orders are set aside. The learned Trial court to consider and dispose of the application of the appellants/defendants filed un­der Order 7 Rule 11 CPC in the first instance.

9. Matter if survives after disposal of the application filed under Order 7 Rule 11 CPC can be considered on its mer­its by the trial court for passing of ap­propriate orders in accordance with law.

10. Till the application filed under Order 7 Rule 11 CPC is considered and disposed of, status quo as on date be maintained.

11. Disposed of alongwith connected CMP(s).

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