Zachhungi v. Lalnunmawii
Case brief
What is this about?
Single judge order setting aside an interim injunction granted ex-parte in defiance of a pending notice and fixed date for objection hearing, directing restoration and status quo maintenance.
What did the court decide?
Impugned order dated 11.11.2022 is quashed and set aside; status quo maintained till 28.03.2023.
What the court decided
Page No.# 1/3
GAHC030005162022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : FAO/3/2022
Zachhungi
W/o Lalzamlova (L), Falkawn, Hospital Section, Aizawl District, Mizoram
VERSUS
Lalnunmawii
D/o Rotluanga (L), M-Section, Luangmual Venglai, Aizawl, Mizoram
Advocate for the Petitioner : Mr F Lalengliana Advocate for the Respondent : Mr B Lalramenga
B E F O R E
HON’BLE MRS. JUSTICE MARLI VANKUNG O R D E R
Issues for consideration
2 issues framed by the court
Whether an ad-interim injunction order under Order 39 Rule 1 CPC can be passed without notice to the caveator when a similar application with objection date is already pending?
Whether the lower court erred in passing the interim order without hearing the opposite party in view of the prior notice fixed for the caveator?
Parties & counsel
- appellant
Zachhungi W/o Lalzamlova
Coram
Marli Vankung
Case details
As recorded by the court registry
- Court
- Gauhati HC
- Decided on
- · March
- Registered
- Case no.
- FAO/3/2022
Similar cases
Judgements on the same questions, provisions and authorities, from every court