Payaswini Singh vs Anirudh Bhatt

Pankaj Purohit, J

By means of this writ petition, petitioner has sought the indulgence of this Court for a direction to the Senior Civil Judge, Nainital to decide the application filed by the respondent-plaintiff for temporary injunction under Order 39 Rule 1 & 2 of CPC filed in O.S. No.53 of 2023, Anirudh Bhatt vs. Payaswini Singh, as expeditiously as possible.

Heard learned counsel for the parties.

It is submitted by learned Senior Advocate for the petitioner that the respondent-plaintiff has filed a suit for permanent injunction in respect of alleged path for restraining the petitioner-defendant by way of a permanent injunction to use that path. In the said suit, the application under Order 39 Rule 1 & 2 of CPC has been filed by the respondent-plaintiff and without issuing any notice to the defendant, an ex-parte temporary injunction was granted to the respondent-plaintiff by learned trial court and the notices were issued to the petitioner-defendant. The petitioner-defendant filed his objection on the application for temporary injunction on 10.10.2023 to which a replica was also filed by the respondent-plaintiff. The learned trial court ignoring all the provisions of Order 39 Rule 3A of CPC, which clearly enjoins a duty upon the trial court to decide the application for temporary injunction within a period of 30 days, in case, ex-parte injunction is granted to the respondent-plaintiff and in the event of failure to decide such application within 30 days, reasons should be recorded by the court.

Order 39 Rule 3A of CPC is quoted hereinbelow:-

“3A. Court to dispose of application for injunction within thirty days.- Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.”

Under the scheme of CPC in a very extraordinary circumstances and emergent situation, the power has been given to the court to pass ex-parte ad interim injunction otherwise in a routine way, such ex-parte injunction should not be granted. But, once the ex-parte injunction is granted, it is all the more necessary and obligatory on the part of the court to decide the application under Order 39 Rule 1 of C.P.C.

In this view of the matter, the writ petition is being disposed-off finally with a direction to the learned court below to decide the application for temporary injunction filed under Order 39 Rule 1 & 2 of CPC after considering the objection filed by the parties within a period of fifteen days from the date of production of certified copy of this order.