An ex-parte injunction order can be justified in urgent situations to prevent potential third party rights and multiplicity of litigation.

JUDGMENT

Raghvendra Singh Chauhan, CJ. - The defendants-appellants have challenged the legality of the order, dated 10.06.2021, passed by the learned Principal Judge, Family Court, Dehradun, whereby the learned Principal Judge has granted an ex parte temporary injunction order in favour of the plaintiffs-respondents, Smt. Dimple Negi, and Km. Pari Negi.

2. Briefly, the facts of the case are, that the plaintiffs-respondents, Smt. Dimple Negi, and Km. Pari Negi, had filed a civil suit before the Family Court for seeking a declaration that the plaintiffs are the legal heirs of Late Mr. Vishamber Singh; they have the right and interest in the movable and immovable properties of Mr. Vishamber Singh after his death. They had also sought a declaration that they are entitled to the death benefits which would be released by the Oil and Natural Gas Corporation (for short "the ONGC"), defendant No.4. They had further sought a permanent injunction in their favour against defendant Nos.l to 3, who according to the plaintiffs were the first wife of Late Mr. Vishamber Singh, and his two children from the first wife.

3. According to plaintiff No.l, she met Mr. Vishamber Singh through Facebook. They fell in love with each other. He informed her that his first wife had expired, and his two children were staying with their grandparents. Therefore, he is looking for a companion for himself. The plaintiff No.l, and Mr. Vishamber Singh got married on 15.10.2016 at Gurudwara Shri Guru Singh Sabha, situated at Mahinder Park, Delhi. At the time of marriage, while the plaintiff No.l was residing in Delhi, Mr. Vishamber Singh was residing in Dehradun, and working with the ONGC. After the marriage, Mr. Vishamber Singh brought the plaintiff No.l to his house situated at Yamnotri Enclave Store, Phase-II, Chanderbani Road, near Kothari General Store, Dehradun. During the marriage, the plaintiff No.l, and Mr. Vishamber Singh were blessed with a daughter on 19.09.2018. A few years after their marriage, and after the birth of their daughter, Mr. Vishamber Singh informed the plaintiff No.l that he had lied about his first wife (defendant No.l in the Civil Suit). It is not that she had died, but he had taken divorce from her. He further informed that he had already settled the permanent alimony with his first wife. Unfortunately during the COVID-19 pandemic, Mr. Vishamber Singh died on 12.05.2021. After the death of Mr. Vishamber Singh, the plaintiffs approached the ONGC for completing the formalities pertaining to the death benefits. However, she was shocked to know that the name of Mr. Vishamber Singh's first wife, i.e. the name of the defendant No.l, Smt. Rekha Negi, continued to be recorded in the official record of the ONGC.

4. The plaintiff No.l further claimed that, immediately, after the death of Mr. Vishamber Singh, on 26.05.2021, the defendant Nos.l and 2 came to her house, and told her to immediately vacate the house, failing which she would face dire consequences. Moreover, subsequently, on 27.05.2021, she has learnt that the defendant No.l is planning to sell the house. When she questioned the defendant Nos.l and 2 as to why they are planning to sell the house, she was again threatened by defendant No.2. Consequently, in order to save her life and property, the plaintiff filed a complaint before the Senior Superintendent of Police, Dehradun. But, so far, no action has been taken by the police.

5. The plaintiff further claimed that on 30.05.2021, defendant Nos.l and 2 came with anti-social people, and forcefully tried to evict the plaintiffs from the ground floor. They further illegally entered the first floor of the said property. Ever since then, the defendants Nos.l to 3 are staying in the first floor. They continued to threaten the plaintiffs. Therefore, the plaintiffs have filed a Suit for declaration and permanent injunction. Along with the Suit, the plaintiffs filed an application for temporary injunction.

6. By order dated 10.06.2021, the learned P