Case Note & Summary
The appellants, defendants in a civil suit, filed an appeal against an order of the Civil Judge, Senior Division, Bicholim, granting a temporary injunction in favor of the respondent/plaintiff. The High Court noted that the trial had already commenced and was about to conclude on merits. In the considered view of the court, no purpose would be served by prosecuting the appeal on its merits, especially since the hearing of the suit was near completion. Accordingly, the court directed the lower court to conclude the adjudication and dispose of the suit as early as possible, and in any case within two months 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 Interim Order - When trial is about to conclude, no purpose is served by deciding the appeal on merits; instead, the lower court should be directed to dispose of the suit expeditiously - Code of Civil Procedure, 1908, Order 39 Rules 1 and 2, Order 43 Rule 1 - The High Court declined to adjudicate the appeal against a temporary injunction order as the suit was nearing conclusion, and directed the trial court to conclude the suit within two months (Paras 2-3).
Issue of Consideration
Whether an appeal against a temporary injunction order should be decided on merits when the trial is about to conclude.
Final Decision
The appeal is disposed of with no order as to costs. The lower court is directed to conclude the adjudication and dispose of the suit as early as possible, and in any case within 2 months from the date of receipt of the writ of this Court.
Law Points
- Appeal against interim order becomes infructuous when trial is about to conclude
- Court may direct expeditious disposal of suit instead of deciding appeal on merits
Case Details
2006 LawText (BOM) (11) 110
Appeal from Order No. 44 of 2002
Shri S.G. Bhobe for Appellants, Shri Nikhil Vaze for Respondent
Shri Sukhanand Sitaram Gaonkar and Shri Sanjay Zaiba Rane Sardessai
Shri Ramrao Venkatrao Rane
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Nature of Litigation
Appeal against order granting temporary injunction in a civil suit.
Remedy Sought
Appellants (defendants) sought to challenge the temporary injunction order passed by the trial court.
Filing Reason
The trial court granted a temporary injunction in favor of the plaintiff, which the defendants appealed.
Previous Decisions
Civil Judge, Senior Division, Bicholim granted temporary injunction application filed by the plaintiff.
Issues
Whether the appeal against the temporary injunction order should be decided on merits when the trial is about to conclude.
Submissions/Arguments
Heard the learned Counsel for both the parties. It is stated at the bar that the trial has already commenced and the adjudication is about to conclude on merits.
Ratio Decidendi
When the trial is about to conclude, no purpose is served by deciding an appeal against an interim order on merits; instead, the appellate court should direct expeditious disposal of the suit.
Judgment Excerpts
In my considered view, no purpose would be served by prosecuting this appeal on merits, especially when the hearing of the suit is about to be concluded.
Under the circumstances, it is hereby directed that the lower Court shall conclude the adjudication and dispose of the suit as early as possible and in any case within 2 months from the date of the receipt of the writ of this Court.
Procedural History
The Civil Judge, Senior Division, Bicholim granted a temporary injunction in favor of the plaintiff. The defendants appealed to the High Court. The High Court noted that the trial had commenced and was near conclusion, and disposed of the appeal with directions for expeditious disposal of the suit.
Acts & Sections
- Code of Civil Procedure, 1908: Order 39 Rules 1 and 2, Order 43 Rule 1
