Case Note & Summary
The appellants/plaintiffs filed an appeal against the judgment and order of the Additional Civil Judge, Senior Division, Margao, dismissing their application for temporary injunction. The suit, filed in 2001, pertained to possession of a property where a restaurant was run, along with articles therein and consequential reliefs. After hearing both parties, the High Court observed that the suit was of the year 2001 and that adjudication of the interim matter would not settle the dispute nor serve the interests of the parties. Therefore, the Court directed the trial court to take up the matter for adjudication on merits, after giving both sides an opportunity to lead evidence, within one year from the date of receipt of the writ. The appeal was disposed of with no order as to costs.
Headnote
A) Civil Procedure - Temporary Injunction - Appeal against rejection - Suit pending since 2001 for possession of property and articles - Court held that adjudication of interim matter would not settle the dispute nor serve the interests of parties - Directed trial court to decide suit on merits within one year from receipt of writ - Appeal disposed of with no order as to costs (Paras 2-3).
Issue of Consideration
Whether the appeal against rejection of temporary injunction should be adjudicated or the suit should be directed to be decided on merits expeditiously
Final Decision
The appeal is disposed of with direction to the trial court to decide the suit on merits within one year from the date of receipt of the writ. No order as to costs.
Law Points
- Interim relief not to be decided in appeal when suit is pending since 2001
- trial court directed to expedite final adjudication
Case Details
2006 LawText (BOM) (11) 105
Appeal from Order No. 24 of 2004
Shri J. Godinho for Appellants, Shri Judas Chagas Silva for Respondent No.1, Shri Sudesh Usgaonkar for Respondent No.2
Mrs. Maria Menezes, Mrs. Precila Menezes, Mr. Mark Anthony Menezes, M/s. La Marina Restaurant and Bakery
Shri Eric Fernandes, Mr. Salim Abdul Rehaman
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Nature of Litigation
Appeal against rejection of temporary injunction in a suit for possession of property and articles
Remedy Sought
Appellants sought temporary injunction pending suit
Filing Reason
Appellants challenged the dismissal of their application for temporary injunction by the trial court
Previous Decisions
Additional Civil Judge, Senior Division, Margao dismissed the application for temporary injunction
Issues
Whether the appeal against rejection of temporary injunction should be adjudicated or the suit should be directed to be decided on merits expeditiously
Ratio Decidendi
Adjudication of interim matter would not settle the dispute nor serve the interests of parties; hence, trial court directed to expedite final adjudication.
Judgment Excerpts
the adjudication of the interim matter would not settle the dispute, nor the interest of the parties would be served by deciding the interim matter in this appeal.
the trial Court shall take up the matter for adjudication on merits, after giving opportunity to both the sides to lead their evidence, within one year from the date of the receipt of the writ of this Court.
Procedural History
Suit filed in 2001. Application for temporary injunction dismissed by Additional Civil Judge, Senior Division, Margao. Appeal filed in 2004 against that dismissal. High Court disposed of appeal on 24th November 2006 with directions to trial court to decide suit within one year.
