Farhathullah Sohail v. Mrs.Uzma Raheem
Case brief
What is this about?
The High Court set aside high court judge's order allowing police aid for interim injunction without prior hearing. The appellate court's elaborate order on a limited application was disapproved. The interim injunction was modified to maintain status quo until disposal of the application.
What did the court decide?
Order allowing police aid set aside; interim injunction modified to status quo pending disposal of pending application.
What the court decided
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION Nos.2867 & 3071 OF 2014
COMMON ORDER:
The respondent herein filed O.S.No.1104 of 2014 in the Court of I Senior Civil Judge, City Civil Court, Hyderabad, against his sister, the petitioner herein, for the relief of perpetual injunction in respect of the suit schedule property. He has also filed I.A.No.843 of 2014 under Order XXXIX Rules 1 and 2 C.P.C. The trial Court passed an order of ad interim injunction on 11.08.2014. The respondent has also filed I.A.No.874 of 2014 under Section 151 C.P.C. with a prayer to grant police aid. The trial Court allowed the I.A., on 20.08.2014.
The petitioner filed C.M.A.No.84 of 2014 in the Court of
III Additional Chief Judge, City Civil Court, Hyderabad, against the order of ad interim injunction in I.A.No.843 of 2014. She has also filed I.A.No.1536 of 2014 with a prayer to suspend the operation of the order o f ad interim injunction. The appellate Court dismissed the I.A., through order, dated 01.09.2014. C.R.P.No.3071 of 2014 is filed against the said order. C.R.P.No.2687 of 2014 is filed against the order in I.A.No.874 of 2014 granting police aid.
Heard Sri Nazir Ahmed Khan, learned counsel for the petitioner, and Sri Syed Khader Mastan, learned counsel for the respondent.
The trial Court as well as the lower appellate Court have ignored some of the basic tenets, in the context of orders passed by them. To the extent the trial Court passed the order of ad interim injunction, no exception can be taken. Much would depend upon the prima facie satisfaction of the trial Court, when the matter was moved before it. However, granting of police aid, even in support of an order o f ad interim injunction, without waiting for the appearance of the petitioner, was totally objectionable. Time and again, this Court held
Issues for consideration
3 issues framed by the court
Whether granting police aid in support of an interim injunction without defendant appearance is legally tenable.
Whether the lower appellate court committed error in disposing of a case primarily due to lack of experience.
Whether the trial court's interim injunction order should be modified to maintain status quo pending further orders.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondent
Coram
L.Narasimha Reddy
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · September
- Registered
- Case no.
- CRP/3071/2014
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