Case Note & Summary
The petitioner, Sangameshgouda Mudigoudra, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari to quash the order dated 28.07.2022 passed by the III Addl. Senior Civil Judge, Ranebennur in M.A. No. 04/2020. The petitioner had filed an application for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) in a suit. The court below dismissed the application without proper consideration of the legal requirements. The High Court found that the impugned order suffered from non-application of mind and lack of jurisdiction. The court held that the order was not sustainable and quashed the same, remanding the matter to the trial court for fresh disposal in accordance with law. The petition was allowed.
Headnote
A) Civil Procedure Code - Temporary Injunction - Order 39 Rules 1 and 2 - The court below dismissed the petitioner's application for temporary injunction without proper application of mind and without considering the mandatory requirements of Order 39 Rules 1 and 2 CPC. The High Court held that the impugned order is not sustainable and quashed the same, remanding the matter for fresh consideration. (Paras 1-10)
B) Writ Jurisdiction - Certiorari - Article 227 of Constitution of India - The High Court exercised its supervisory jurisdiction under Article 227 to correct an error of jurisdiction and non-application of mind by the subordinate court. The impugned order was found to be without jurisdiction and thus liable to be quashed. (Paras 1-10)
Issue of Consideration
Whether the impugned order dated 28.07.2022 passed by the III Addl. Senior Civil Judge, Ranebennur in M.A. No. 04/2020 is sustainable in law and whether the court below had jurisdiction to pass such order.
Final Decision
The writ petition is allowed. The impugned order dated 28.07.2022 passed by the III Addl. Senior Civil Judge, Ranebennur in M.A. No. 04/2020 is quashed. The matter is remanded back to the trial court for fresh disposal in accordance with law.
Law Points
- Jurisdiction of Civil Court
- Temporary Injunction
- Order 39 Rules 1 and 2 CPC
- Writ of Certiorari
- Article 227 of Constitution of India
Case Details
2024 LawText (KAR) (08) 50
WP No. 104722 of 2022 (GM-CPC)
Sri. Dinesh M. Kulkarni (for petitioner), Sri. Vinay S. Koujalagi (for R1(A-E)), Sri. Praveen K. Uppar (AGA for R2-R4)
Sangameshgouda Mudigoudra
Shri Basavanneppa S/o. Shivabasappa Karader (since deceased represented by legal heirs) and others
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Nature of Litigation
Civil writ petition challenging an order passed by the III Addl. Senior Civil Judge, Ranebennur in M.A. No. 04/2020 dismissing the petitioner's application for temporary injunction.
Remedy Sought
Petitioner sought a writ of certiorari to quash the impugned order dated 28.07.2022.
Filing Reason
The petitioner was aggrieved by the order of the civil judge dismissing his application for temporary injunction without proper application of mind and without jurisdiction.
Previous Decisions
The III Addl. Senior Civil Judge, Ranebennur passed the impugned order in M.A. No. 04/2020 on 28.07.2022.
Issues
Whether the impugned order dated 28.07.2022 passed by the III Addl. Senior Civil Judge, Ranebennur in M.A. No. 04/2020 is sustainable in law?
Whether the court below had jurisdiction to pass the impugned order?
Submissions/Arguments
The petitioner argued that the impugned order was passed without jurisdiction and without proper application of mind.
The respondents supported the impugned order.
Ratio Decidendi
The impugned order suffered from non-application of mind and lack of jurisdiction. The court below failed to consider the mandatory requirements of Order 39 Rules 1 and 2 CPC. Hence, the order is not sustainable and liable to be quashed.
Judgment Excerpts
In this writ petition, the petitioner approached this Court to issue a writ of certiorari and quash the impugned order dated 28.07.2022 passed by the III Addl. Senior Civil Judge, Ranebennur in M.A.04/2020 vide Annexure-F, as null and void.
Procedural History
The petitioner filed an application for temporary injunction under Order 39 Rules 1 and 2 CPC before the III Addl. Senior Civil Judge, Ranebennur. The court below dismissed the application by order dated 28.07.2022 in M.A. No. 04/2020. Aggrieved by the same, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India.
Acts & Sections
- Code of Civil Procedure, 1908: Order 39 Rules 1 and 2
- Constitution of India: Articles 226 and 227
