THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
AND
THE HON'BLE SRI JUSTICE ANIL KUMAR JUKANTI
Civil Miscellaneous Appeal No.551 of 2023
JUDGMENT: (Per Hon'ble Sri Justice Abhinand Kumar Shavili)
Aggrieved by the orders dated Nil in I.A.No.558 of
2023 in O.S.No.729 of 2023 passed by the learned Vth
Additional District Judge, Ranga Reddy District, the
present Civil Miscellaneous Appeal is filed.
2. Heard Mr. Mallu Nethan Reddy, learned Senior
counsel appearing for the appellant and Mr. Vedula
Srinivas, learned counsel for the respondent Nos.1 to
4.
3. Learned counsel for the appellant contended that the respondent Nos.1 to 4 have filed a suit for partition i.e. O.S.No.729 of 2023 and in the said suit, the respondent Nos.1 to 4 has also filed I.A.No.558 of 2023 seeking injunction restraining the appellant and other respondents from alienating the property, pending the said suit, the Court below had passed orders of status- quo while issuing notice to the respondents without ::2:: AKS,J & JAK,J cma_551_2023 giving any reason. This Court and the Hon'ble Supreme Court, time and gain, have passed orders that injunction orders or any ad-interim orders must be passed with appropriate reasoning, more importantly, when it is exparte ad-interim order, by recording the reason. Learned counsel for the appellant relied upon the judgment rendered by a Division Bench of this Court in C.M.A.No.230 of 2021 and batch, dated 07.06.2021 and contended that a Division Bench of this Court has held that the Courts cannot grant Ad-interim injunction orders without assigning any reasons. By relying on judgment of the Hon'ble Supreme Court in Shiv Kumar Chadha Vs. Municipal Corporation of Delhi 1, learned counsel for the appellant further contended that the properties of the appellant are also included in the plaint and without hearing the appellant, the Court below could not have passed status-quo orders, more so, without assigning any reasons and without discussing whether a status-quo need to be passed in favour of the 1 1993 (3) SCC 161 ::3:: AKS,J & JAK,J cma_551_2023 respondent No.1 to 4 or not. Therefore, appropriate orders be passed in the Civil Miscellaneous Appeal by setting aside the orders passed by the Court below in I.A.No.558 of 2023 in O.S.No.729 of 2023.
4. Learned counsel for the appellant further contended that a certified copy was given to the appellant without any date mentioned, subsequently, the Court below has issued another certified copy, wherein, the date of order in I.A.No.558 of 2023 in O.S.No.729 of 2023 has been mentioned as 12.10.2023 and the said amended copy of the order copy with date, by way of memo, is furnished.
5. On the other hand, learned counsel for the respondent Nos.1 to 4 had contended that a partition suit was filed by the respondent Nos.1 to 4 and none of the respondents in the subject I.A were aggrieved by the said impugned order, except the appellant who is 19th respondent in the said I.A. The appellant could have approached the Court by filing counter and argued the case that the order passed by the Court ::4:: AKS,J & JAK,J cma_551_2023 below is not a reasoned order, instead of approaching the Court below, the appellant has approached this Court by filing the present Civil Miscellaneous Appeal. Therefore, there are no merits in the Civil Miscellaneous Appeal and the same is liable to be dismissed.
6. This Court having considered the rival submissions made by the parties is of the view that the Courts have been holding that whenever exparte orders are granted, the Court must consider it and assign reasons to justify it's orders. Admittedly, in the instant case, no reasons are assigned by the Court below while granting status-quo in favour of the respondents. Therefore, the orders passed by the Court below are liable to be set aside and the matter is remanded back to the Court below to re-consider the case of the respondent Nos.1 to 4 by passing a reasoned order and it is always open for the Court below to pass order by assigning appropriate reasons while granting any exparte orders . It is open for the ::5:: AKS,J & JAK,J cma_551_2023 Court below to hear the parties and pass appropriate orders. We are also informed that the matter before the Court below is listed on 02.11.2023, so the Court below shall consider the case of the respondent Nos.1 to 4 by assigning the appropriate reasons and pass appropriate orders in accordance with law within a reasonable period of time.
7. With the above said observations, the Civil Miscellaneous Appeal is disposed of. No costs.
8. As a sequel, miscellaneous applications pending if any, shall stand closed.
__________________________________ ABHINAND KUMAR SHAVILI, J ___________________________ __ ANIL KUMAR JUKANTI, J Date: 30.10.2023 prat 123