High Court of Karnataka Allows Appeal in Trust Property Dispute — Order of Temporary Injunction Set Aside for Non-Compliance with Order 39 Rule 3 CPC. Court holds that ex-parte injunction granted without recording reasons or issuing notice is unsustainable.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 11:46:48

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Case Note & Summary

The appellants, who were defendants in a suit filed by the respondent trust, challenged an ex-parte ad-interim order of temporary injunction granted by the trial court. The trial court had restrained the appellants from interfering with the trust's possession and management of the suit property without issuing notice to them or recording reasons for doing so. The High Court found that the trial court had not complied with the mandatory requirements of Order 39 Rule 3 of the Code of Civil Procedure, 1908, which requires that before granting an ex-parte injunction, the court must record reasons for its opinion that the object of granting the injunction would be defeated by delay, and must also require the applicant to send notice to the opposite party. Since the trial court failed to do so, the High Court set aside the impugned order and remanded the matter back to the trial court for fresh consideration after hearing both sides. The High Court also directed the trial court to dispose of the application within four weeks.

Headnote

A) Civil Procedure - Temporary Injunction - Ex-parte Injunction - Order 39 Rule 3 CPC - The trial court granted an ex-parte ad-interim injunction without recording reasons for dispensing with notice and without issuing notice to the defendants - Held that such an order is unsustainable and liable to be set aside - The appellate court directed the trial court to reconsider the application afresh after hearing both sides (Paras 5-8).

Issue of Consideration

Whether the trial court was justified in granting an ex-parte temporary injunction without recording reasons and without issuing notice to the opposite party as required under Order 39 Rule 3 of the Code of Civil Procedure, 1908.

Final Decision

The High Court allowed the appeal, set aside the impugned order dated 18.07.2023 passed by the trial court, and remanded the matter back to the trial court for fresh consideration of the application for temporary injunction after hearing both sides. The trial court was directed to dispose of the application within four weeks.

Law Points

Order 39 Rule 3 CPC
Temporary Injunction
Ex-parte Injunction
Recording of Reasons
Notice Before Injunction

Case Details

NC: 2024:KHC:35664

MFA No. 8514 of 2023 (CPC)

2024-09-02

Justice Ravi V Hosmani

NC: 2024:KHC:35664

Sri M.R. Rajagopal, Senior Counsel for Sri Raghu Prasad B.S., Advocate (PH)

Sri G.S. Sudarshan and others

Grama Seva Sangha Trust and others

Nature of Litigation

Appeal against an order granting ex-parte ad-interim temporary injunction in a suit concerning trust property.

Remedy Sought

The appellants sought setting aside of the ex-parte injunction order and dismissal of the application for temporary injunction.

Filing Reason

The trial court granted an ex-parte injunction without issuing notice to the appellants and without recording reasons as required by law.

Previous Decisions

The trial court passed an ex-parte ad-interim order of temporary injunction on an application filed by the respondent trust.

Issues

Whether the trial court's ex-parte injunction order was valid without recording reasons and without issuing notice to the opposite party.

Submissions/Arguments

The appellants argued that the trial court granted the ex-parte injunction without complying with Order 39 Rule 3 CPC, which mandates recording of reasons and issuance of notice.

Ratio Decidendi

An ex-parte temporary injunction granted without recording reasons for dispensing with notice and without requiring the applicant to send notice to the opposite party is contrary to the mandatory requirements of Order 39 Rule 3 CPC and is liable to be set aside.

Judgment Excerpts

The trial court while granting ex-parte ad-interim order of temporary injunction has not recorded any reasons for its opinion that the object of granting injunction would be defeated by delay. The impugned order is not sustainable and is liable to be set aside.

Procedural History

The respondent trust filed a suit and an application for temporary injunction in the trial court. The trial court granted an ex-parte ad-interim injunction on 18.07.2023. The appellants, being defendants, filed this miscellaneous first appeal challenging that order.