KARNI ADIVAMMA Vs. KARADA CHENCHU NAIDU

JUDGEMENT

(1.) This appeal is directed against the order dated 18-12-1992 in LA. No.399/92 in O.S. No.97/92 on the file of the Dist. Munsif, Palasa, whereby the application made by the respondent K. Chenchu Naidu s/o Appanna was dismissed (sic. allowed).

(2.) The above suit O.S. No.97/92 was filed by the respondent/plaintiff seeking permanent injunction restraining the appellants herein, their sons, servants, agents and workmen from ever interfering with the plaintiff's peaceful possession and enjoyment of the plaint schedule properties. In the above suit, he also filed LA. No.399/ 92 for the grant of temporary injunction against the appellants herein and the learned Dist. Munsif, Palasa, on the basis of the submissions made by the Counsel for the respondent herein and on the basis of the affidavit filed in support of the petition LA. No.399/92 granted interim injunction on 18-12-1992 restraining them from interfering with the peaceful possession and enjoyment of the plaint schedule properties until further orders of the Court, which is assailed in this appeal.

(3.) The learned Counsel for the appellants submitted that there is no justification in issuing the above said interim injunction and it is contrary to Rule 3 of Order 39 of the Code of Civil Procedure (for short the Code), and it is mandatory to issue notice and serve copy of the plaint, affidavit and other documents on which the petitioner relies before passing order of interim injunction. It is further submitted that even on 10-1-1993 on which date the appeal was filed, the mandatory requirements of Rule 3 of the said order were not complied with. It is also submitted that a fraud was played on the Court in suppressing the material fact and obtained interim injunction from the Court below, that as the disputed schedule properties are agricultural lands and hence, grant of ex parte order of injunction is unwarranted in the facts and circumstances of the case and therefore, prayed for interference of this Court to rectify the illegality committed by the petitioner in obtaining the ex parte order of interim injunction.