A party aggrieved by an ex parte injunction must seek to vacate it in the Trial Court before applying to a higher court, reinforcing proper legal procedure.

ORDER :

S. SOUNTHAR, J.

This civil revision petition is filed challenging the docket order passed by the Trial court dated 04.09.2025, granting ad-interim injunction against the petitioner and ordering notice in the injunction application.

2. The respondents/plaintiffs filed a suit in O.S.No.263 of 2025 seeking permanent injunction restraining the petitioner/defendant from collecting maintenance fee not more the amount fixed by the Annual General Meeting held on 29.10.2023 and also restraining the petitioner/ defendant from disturbing their peaceful possession and enjoyment of the amenities like water connection, electricity supply, DG services etc. Pending suit, the respondents also filed an interlocutory application in I.A.No.4 of 2025 seeking interim injunction against the petitioners. After hearing the respondents, the Trial Court was pleased to grant exparte ad-interim injunction and ordered notice to the petitioner. The respondents were also directed to comply with Order 39 Rule 3(a) and (b) of CPC and that order is subject matter of the attack in this civil revision petition.

3. If the petitioner is aggrieved by the order granting exparte injunction, it is always open to him to enter appearance before the Trial Court and to file vacate injunction petition. Instead of following the said procedure, the petitioner is not entitled to rush to this court challenging the order passed by the Trial Court. Therefore, I am not inclined to interfere with the impugned order passed by the Trial Court.

4. Accordingly, this civil revision petition is dismissed with liberty to the petitioner to move the Trial Court for vacating the order of interim injunction. There shall be no order as to costs. Connected miscellaneous petition is closed.