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K. MANMADHA RAO
Vaitla Rama Murthy – Appellant
Versus
Marisetty Satyanarayana – Respondent
ORDER
This Civil Revision Petition is preferred aggrieved by the o order dated 28.01.2025 passed in I.A.N. No.98 of 2025 in O.S.No.19 of 2025 on the file of the Principal Civil Judge, (Junior Division), Kovur, West Godavari (for short “the trial Court”).
2. The petitioners herein are the plaintiffs and the respondent herein is the defendant in the suit inn O.S. No.19 of 2025. The suit was filed by the plaintiffs before the trial Court for grant of permanent injunction against the defendant, his men, agents and whoever acts on his behalf from ever interfering with the plaintiffs’ peaceful possession and enjoyment of the plaint schedule property in any manner and for costs. The Suit was filed before the trail Court on 24.01.2025 along with I.A. No.98 of 2025 under Order 39 Rule 1 and 2 read with Section 151 CPC praying to grant ad-interim injunction pending disposal of the suit. The plaintiffs in their affidavit, clearly stated that, the defendant, without having any right, tried to dispossess their men in the plaint schedule properties, thereby interfering with peaceful possession. The said I.A. was heard on 28.01.2025 and the trial Court has passed the following order:—
“Heard t
Injunction – It becomes duty of Courts to examine whether there is any urgency in the matter or not – When a prima facie case is made out, Courts must grant temporary injunction.
The trial Court must provide reasoned orders when dealing with applications for temporary injunctions, particularly in urgent cases, and should not simply issue mechanical orders without assessment.
Injunctions without notice require rigorous justification and must adhere to procedural safeguards, emphasizing the necessity of recording reasons for ex parte orders to uphold fair judicial process.
The trial court must provide reasoning when deciding applications for temporary injunctions and cannot merely issue notices without addressing the merits of the request.
A defendant in a suit for permanent injunction cannot file a petition for temporary injunction against the plaintiff seeking to prevent interference with possession and enjoyment of the suit schedule....
Trial courts must evaluate all materials presented in applications for injunctions and provide clear reasoning for their decisions, especially when considering ad-interim orders.
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