Case Note & Summary
The appellant, Smt. Yashodamma, filed a Miscellaneous First Appeal under Order 43 Rule 1(s) of the Code of Civil Procedure, 1908 (CPC), challenging the order dated 31.08.2024 passed by the VI Additional City Civil and Sessions Judge, Bengaluru (CCH-11), in O.S. No. 6314/2023. The trial court had partly allowed I.A. No. 2 filed by the appellant under Order 41 Rule 1(1)(a) to (d) read with Section 151 CPC, seeking a temporary injunction against the respondents. The appellant, who is the mother of the respondents, claimed that she was in possession of the suit property and that the respondents were attempting to dispossess her. The trial court, after hearing the parties, passed an order on 31.08.2024 partly allowing the injunction application. However, the appellant contended that the trial court failed to comply with the mandatory requirement of Order 39 Rule 3A CPC, which requires the court to dispose of an application for temporary injunction within 30 days from the date of filing. The High Court, after hearing the counsel for the appellant and the respondents, noted that the trial court had not adhered to this mandatory provision. The court observed that the order was passed beyond the stipulated period, rendering it unsustainable. Consequently, the High Court allowed the appeal, set aside the impugned order, and remanded the matter back to the trial court for fresh consideration of I.A. No. 2. The trial court was directed to dispose of the application afresh in accordance with law, strictly complying with the provisions of Order 39 Rule 3A CPC. The court also directed that the parties be given an opportunity to file additional objections and documents, if any, and that the application be decided within a period of 30 days from the date of receipt of the order. The High Court clarified that it had not expressed any opinion on the merits of the case and that the trial court should decide the matter independently.
Headnote
A) Civil Procedure - Temporary Injunction - Order 39 Rule 3A CPC - Mandatory Disposal Within 30 Days - The trial court partly allowed the appellant's application for temporary injunction but failed to dispose of it within the mandatory 30-day period prescribed under Order 39 Rule 3A CPC, rendering the order unsustainable - Held that the order is set aside and the matter is remanded for fresh consideration with a direction to comply with Order 39 Rule 3A CPC (Paras 5-6).
Issue of Consideration
Whether the trial court's order partly allowing the appellant's application for temporary injunction under Order 39 Rules 1 and 2 CPC is sustainable when the court failed to comply with the mandatory requirement of Order 39 Rule 3A CPC to dispose of the application within 30 days.
Final Decision
The appeal is allowed. The impugned order dated 31.08.2024 passed by the VI Additional City Civil and Sessions Judge, Bengaluru, in O.S. No. 6314/2023 on I.A. No. 2 is set aside. The matter is remanded to the trial court for fresh consideration of I.A. No. 2 in accordance with law, strictly complying with the provisions of Order 39 Rule 3A CPC. The trial court is directed to dispose of the application within 30 days from the date of receipt of the order. No order as to costs.
Law Points
- Order 39 Rule 3A CPC
- Temporary Injunction
- Mandatory Compliance
- Ex-parte Injunction
- Remand
