TULSIRAM Vs. NAWAB ALI

JUDGEMENT

(1.) The present appeal has been preferred by the appellant against the order dtd. 12/3/2024 passed by the learned Additional District Judge, Makrana, District Nagaur ('the learned Court below') in Civil Misc. Case No. 20/2024, whereby an ad interim injunction order in favour of the plaintiff-respondent has been passed by the learned Court in a suit for permanent injunction filed by the respondent.

(2.) Learned counsel for the appellant submitted that the order impugned as passed by the learned Court below is totally in contravention to the provisions of Order XXXIX Rule 3, Code of Civil Procedure (CPC) (herein after referred to as 'the Rule') and hence deserves to be set aside. Learned counsel submitted that it is the mandate of law that before granting an injunction, the notice of the application is to be given to the opposite party in all cases and it is only where it appears to the Court that the object of granting the injunction would be defeated by delay, the Court shall proceed on to grant an injunction without notice to the opposite party. The proviso to Order XXXIX Rule 3, CPC specifically lays down that while doing so, the Court shall record the reasons for the same. Learned counsel submitted that no reason whatsoever has been recorded by the learned Court in the present matter before proceeding on to grant the injunction in favour of the plaintiff. Further, even the compliance of other requirements as provided under Order XXXIX Rule 3, CPC has also not been made and therefore also, the order impugned deserves to be set aside. Learned counsel further submitted that the learned Court was under an obligation to dispose of the temporary injunction application finally within 30 days from the date on which the ex-parte injunction was granted, but the same having not been done, the defendants-appellants have preferred the present appeal. In support of his submissions, learned counsel relied upon the recent judgment passed by a Coordiante Bench of this Court in the matter of M/s. Jakhar Godara Marbel Mines Vs. M/s. Jakhar Godara Marbel Mines and Ors.; S.B. Civil Misc. Appeal No.485/2023, decided on 18/4/2023.

(3.) Heard learned counsel for the petitioner and perused the material available on record.