Case Note & Summary
The appellant filed an appeal against an order of the Civil Judge, Senior Division, Mapusa, rejecting her Civil Miscellaneous Application No. 491/2001/B for a temporary injunction. The trial court had instead directed the first defendant to maintain status quo for two months. During the appeal, the High Court modified the lower court's order, directing the Inventory Court to proceed with Inventory Proceedings No. 214/1997 but not to pass final orders. The respondent's advocate also gave an undertaking that respondent no.1 would maintain status quo regarding the properties in issue. Upon hearing the parties, the High Court observed that the suit, filed in 2001, was ripe for hearing and that no worthwhile purpose would be served by adjudicating the temporary injunction application. Accordingly, the court disposed of the appeal with a direction to the trial court to expedite the hearing, allow both sides to lead evidence, and complete adjudication within six months from receipt of the court's order. The modified status quo order passed by the High Court was to remain in force pending the suit. The civil application was also disposed of with no order as to costs.
Headnote
A) Civil Procedure - Temporary Injunction - Expeditious Trial - When a suit is ripe for hearing, it is in the interest of parties to expedite final adjudication rather than adjudicate an interim injunction application - The court directed the trial court to expedite the hearing and complete adjudication within six months, with the modified status quo order remaining in force pending the suit (Paras 3-4).
Issue of Consideration
Whether the appeal against rejection of temporary injunction should be adjudicated when the suit is ripe for final hearing.
Final Decision
The appeal is disposed of with a direction to the trial court to expedite the hearing and complete adjudication within six months from receipt of the court's order. The modified status quo order passed by the High Court shall remain in force pending the suit. No order as to costs. Civil Application No. 4 of 2003 also disposed of with no order as to costs.
Law Points
- Expeditious disposal of suit preferred over interim relief when suit is ripe for hearing
- Temporary injunction not to be adjudicated when suit can be finally decided
- Status quo order to remain pending suit
Case Details
2006 LawText (BOM) (12) 85
Appeal from Order No. 1 of 2003 with Civil Application No. 4 of 2003
Shri M.B. D'Costa, Sr. Advocate with Shri J.A. Lobo, Advocate for the Appellant; Shri M.S. Usgaonkar, Sr. Advocate with Ms. P. Kamat, Advocate for Respondent No.1; Respondent No.2 in person – absent; Mr. C. Mascarenhas, Advocate for Respondents No. 3, 4 & 5 – absent
Miss Ana Rita Rosalia Sulochana Vaz
Miss Angela Melba da Gama Pinto and others
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Nature of Litigation
Appeal against rejection of temporary injunction in a civil suit.
Remedy Sought
The appellant sought temporary injunction against the respondents.
Filing Reason
The appellant's application for temporary injunction was rejected by the trial court, which instead directed the first defendant to maintain status quo for two months.
Previous Decisions
The trial court rejected Civil Miscellaneous Application No. 491/2001/B for temporary injunction and directed the first defendant to maintain status quo for 2 months. The High Court modified the order to direct the Inventory Court to proceed with Inventory Proceedings No. 214/1997 but not pass final orders, and respondent no.1 undertook to maintain status quo.
Issues
Whether the appeal against rejection of temporary injunction should be adjudicated when the suit is ripe for final hearing.
Submissions/Arguments
The appellant argued for temporary injunction.
The respondent no.1 gave an undertaking to maintain status quo.
Ratio Decidendi
When a suit is ripe for hearing, it is in the interest of both parties to expedite final adjudication rather than adjudicate an interim injunction application. The court directed the trial court to expedite the suit and complete adjudication within six months, with the modified status quo order remaining in force.
Judgment Excerpts
In the course of hearing, it was apparent that no worthwhile purpose would be served in adjudicating the application for temporary injunction, when the suit is right for hearing, as it is of the year 2001 and, therefore, it would be in the interest of both the parties to expedite the suit for the purpose of final adjudication on merits.
Hence, the trial Court is directed to expedite the hearing, after giving opportunity to both the sides to lead their evidence and to complete adjudication within a period of 6 months from the date of receipt of the writ of this Court.
Procedural History
The appellant filed Civil Miscellaneous Application No. 491/2001/B for temporary injunction in a suit. The trial court rejected the application and directed the first defendant to maintain status quo for 2 months. The appellant appealed to the High Court (Appeal from Order No. 1 of 2003). The High Court modified the order, directing the Inventory Court to proceed but not pass final orders, and recorded respondent no.1's undertaking to maintain status quo. After hearing, the High Court disposed of the appeal with directions to expedite the suit.
Acts & Sections
- Code of Civil Procedure, 1908: Order 39 Rules 1 and 2
