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VIKRAM AGGARWAL
Amit Kumar – Appellant
Versus
TDI Infrastructure Private Limited – Respondent
JUDGMENT :
Vikram Aggarwal, J.
The present revision petition, preferred under Article 227 of the Constitution of India, is directed against the order dated 04.11.2024 (Annexure P-11) passed by the Court of learned Civil Judge (Jr. Division), Sonipat, vide which the application moved by the petitioner under Section 151 and 94 (c) of the Code of Civil Procedure, 1908 (for short ‘CPC’) for early disposal of its application filed under Order 39 Rules 1 and 2 CPC for the grant of ad interim injunction was dismissed.
2. The facts, as emanating from the revision petition, are that the petitioner along with his brother Vineet Kumar filed a suit for declaration and permanent injunction in the Civil Courts at Sonipat. The Civil suit was accompanied by an application under Order 39 Rule 1 and 2 CPC for the grant of an ad interim injunction. An application under Order 7 Rule 11 CPC (Annexure P-4) was filed by the respondents. The same was opposed by way of reply (Annexure P-5) and ultimately, the said application was dismissed vide order dated 19.07.2022 (Annexure P-6). The respondents then preferred CR No. 3283 of 2022 against the said order and, a Coordinate Bench, vide order dated 22.08.2022 (
Stay of trial does not prevent continuation of supplemental proceedings, including injunction applications, according to the principles established in precedents.
An appeal against an order declining a temporary injunction is maintainable if the order is made after hearing both parties, as per the CPC.
The trial court erred by not extending the interim injunction without assessing the merits of the case, necessitating correction under Article 227.
Point of law: Hon’ble Supreme Court as well as various Courts while interpreting power under Section 151 CPC has held that when no specific provision is there, under which, relief can be granted, the....
The court emphasized the necessity of full disclosure when seeking injunctive relief within property disputes.
An interim injunction does not revive automatically upon restoration of a suit after dismissal for default; a new order is required for its enforcement.
The court upheld that a judicial decision must align strictly with the relief sought by the party, reinforcing limitations on judicial discretion.
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