Case Note & Summary
The appellant, Shri Manikrao Krishnarao Dessai, filed an appeal against an order dated 30/12/2002 passed by the Civil Judge, Senior Division, Ponda, granting a temporary injunction in favor of the respondents, Shri Dilip Shrinivas Kamat and Shri Damodar Shrinivas Kamat, who were the plaintiffs in the original suit. The suit itself was filed in 2002. During the hearing of the appeal, the court observed that the impugned order was an interim order and the main suit was already four years old. Both counsel could not state whether the hearing of the suit had commenced. The court held that no purpose would be served by adjudicating the interim application and proceeding with the appeal when the suit was bound to be ripe for hearing. Accordingly, the court disposed of the appeal without adjudicating the merits of the interim order, directing the Civil Judge, Senior Division, Ponda to take up the suit for hearing on merits expeditiously after giving both sides an opportunity to lead evidence. Pending the suit, the court directed the parties to maintain status quo with regard to the suit property. The appeal was disposed of with no order as to costs.
Headnote
A) Civil Procedure - Interim Injunction - Appeal Against Interim Order - When main suit is old and ready for hearing, it is not purposeful to adjudicate an appeal against an interim injunction order; instead, the court should direct expeditious disposal of the suit. (Paras 3-4)
B) Civil Procedure - Status Quo - Pending Suit - The court may direct parties to maintain status quo with regard to the suit property pending final hearing to protect the subject matter. (Para 4)
Issue of Consideration
Whether the appeal against an interim injunction order should be adjudicated when the main suit is already four years old and pending hearing.
Final Decision
The appeal is disposed of with a direction to the Civil Judge, Senior Division, Ponda to take up the suit for hearing on merits expeditiously. Pending the suit, parties to maintain status quo with regard to the suit property. No order as to costs.
Law Points
- Interim proceedings should not be pursued when the main suit is old and ready for hearing
- Courts should direct expeditious disposal of pending suits
- Status quo may be ordered pending final hearing
Case Details
2006 LawText (BOM) (11) 101
Appeal from Order No. 3 of 2003
Shri Y.V. Nadkarni for Appellant, Shri P.S. Rao for Respondents
Shri Manikrao Krishnarao Dessai
Shri Dilip Shrinivas Kamat and Shri Damodar Shrinivas Kamat
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Nature of Litigation
Appeal against an order granting temporary injunction in a civil suit.
Remedy Sought
The appellant sought to challenge the interim injunction order granted in favor of the respondents.
Filing Reason
The appellant was aggrieved by the order dated 30/12/2002 granting temporary injunction to the respondents/plaintiffs.
Previous Decisions
The Civil Judge, Senior Division, Ponda granted a temporary injunction on 30/12/2002 in favor of the plaintiffs (respondents herein).
Issues
Whether the appeal against an interim injunction order should be adjudicated when the main suit is already four years old and pending hearing.
Submissions/Arguments
Both counsel were heard but could not state whether the hearing of the suit had commenced.
Ratio Decidendi
When the main suit is old and ready for hearing, it is not purposeful to adjudicate an appeal against an interim order; instead, the court should direct expeditious disposal of the suit and may order status quo pending final hearing.
Judgment Excerpts
In the course of arguments, it was seen that the impugned order is passed on 30/12/2002, granting temporary injunction application filed by the plaintiffs against whom the present appeal.
The suit itself is of the year 2002 and, therefore, there is no point in pursuing the matter of the interim proceedings and no purpose would be served by adjudicating the interim application and to proceed with this appeal, when the suit itself is bound to be right for hearing.
In the result, it is directed that the Civil Judge, Senior Division, Ponda shall take up the suit for hearing on merits, after giving opportunity to both the sides to lead their respective evidence, as expeditiously as possible. Pending the suit, parties to maintain status quo with regard to the suit property.
Procedural History
The respondents filed a civil suit in 2002 before the Civil Judge, Senior Division, Ponda. On 30/12/2002, the trial court granted a temporary injunction in favor of the respondents. The appellant filed the present appeal against that order. The appeal was heard on 23/11/2006, and the High Court disposed of it with directions.
