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IN THE HIGH COURT OF ALLAHABAD
Jaspreet Singh, J.
Rajendra Prasad Agrawal & Anr. – Petitioner
Versus
Samarpan Varishtha Jan Parisar Thru. Manager Gayatri Pa & Ors., - Respondents
Misc. Single No. 20786 of 2020
Decided On : 01-10-2021
Civil procedure Code, 1908 - Rule 1,2,8,9 and 19 - Order 39 - Temporary injunctions - Ingredients for grant of injunction - Court are abandoned parents, who have been forsaken by their own children and have been residing in an old age home. - As if, COURT was not enough, old age home is also seeking ouster of petitioners and it is in backdrop that petitioners had instituted a suit for permanent injunction before trial court seeking an injunction to restrain management of old age home from dispossessing petitioners from their room allotted to them, without due process of law - Whether security amount of a sum of was required to be paid by petitioners as per terms of lease granted by Nagar Nigam, to old age home or old age home had charged an amount of in excess of amount fixed by Nagar Nigam, from petitioners, is also a disputed question
Finding of the court : Court view that necessary ingredients for grant of injunction were present and though it may not have been elaborately dealt by the trial court and though it would have been sound exercise of jurisdiction and discretion if the trial Court would have considered all the three ingredients with little more clarity but nevertheless it was not required for the lower Appellate Court to enter into the material available before it in such a manner that it amounts to holding a mini trial - Court finds that the Appellate Court has deviated from consideration of the proposition for grant of injunction and has erred in reversing the judgment and order of the trial court for grant of injunction especially where the remedy of injunction was equitable in nature. In such circumstances, the Court ought to have been slow in interfering with the order which is discretionary and the discretion exercised by the trial Court was not such which could allow the Appellate Court to intervene in the facts and circumstances as adumbrated above.
Result : Petition Allowed
JUDGMENT :
1. The petitioners before this Court are abandoned parents, who have been forsaken by their own children and have been residing in an old age home. As if, this was not enough, the old age home is also seeking the ouster of the petitioners and it is in this backdrop that the petitioners had instituted a suit for permanent injunction before the trial court seeking an injunction to restrain the management of the old age home from dispossessing the petitioners from their room allotted to them, without due process of law.
2. An interim injunction is a striking remedy yielded by contemporary Courts. With prolific litigation in most of the Courts, interim injunction becomes a very important component of a litigation. So also in this case an application for interim injunction was allowed by the trial Court, but the decision has been reversed by the lower Appellate Court and being aggrieved, the petitioners have knocked the doors of this Court by means of the instant petition challenging the order passed by the lower Appellate Court in Misc. Civil Appeal No.7/2020 dated 20.10.2020.
3. The lower Appellate Court, while allowing the Misc. Civil Appeal No.7/2020 of the defendants/respondents No.1, 2 and 3, before this Court, has set aside the order of injunction passed by the trial Court dated 17.12.2019 in Regular Suit No.2938/2019 and rejected the application under Order 39 Rules 1 and 2 CPC.
4. In order to appreciate the controversy involved in the instant petition, the relevant facts are that the petitioners, who are the plaintiffs in Regular Suit No.2938/2019 instituted a suit for permanent injunction before the Court of Civil Judge (Junior Division), Hawali, Lucknow.
5. The petitioners in their suit pleaded that they are bonafide and lawful occupants of Room No.108, situate in the old age home being run under the name and style of "Samarpan", of which the defendants No.2 and 3 are the Senior Management Officials.
6. It is the case of the petitioners that the said old age home is being run by Gayatri Parivar Trust after having obtained a lease from the Nagar Nigam, Lucknow, for managing and running an old age home for senior citizens having its own manual of instructions.
7. The petitioners state that they have paid a sum of Rs.75,000/-as a security and have been paying the monthly charges for which receipts have been issued by the old age home.
8. They are in settled possession of Room No.108 and some time in August, 2019, the Management started interfering in the peaceful possession and occupation of the petitioners with a view to evict the petitioners from the said room, hence, they started creating false grounds including raising questions on the behaviour of the petitioners and more particularly relating to the mental state of the petitioner No.2.
9. It has also been pleaded that since the petitioners had raised certain objections and complaints regarding running, management and upkeep of the said old age home and the difficulties being faced by the petitioners and other senior inmates, which have been ignored. Instead of correcting its management and upkeep, the old age home, vindictively, gave a notice to the petitioners regarding their behaviour and intemperate language and aggression of the petitioner No.2 and even threatened that they would be evicted from the old age home.
10. It is in this backdrop that the suit for permanent injunction was filed and an application under Order 39 Rules 1 and 2 CPC was also moved seeking ad-interim injunction to the effect that the petitioners may not be dispossessed from Room No.108, situate in the old age home, Samarpan at Adil Nagar, Lucknow, without due process of law.
11. The trial court, issued notices to the defendants of the suit, who are the respondents No.1 to 4 before this Court. The suit came to the contested by the old age home and its Senior Management Officials, who filed their objections to the application under Order 39 Rules 1 and 2 CPC and raised a defence that the allega
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