Mangsatabam Dolen Singh vs Mangsatabam Nupimacha Devi
2021 Latest Caselaw 347 Mani

KABORAMB   Digitally signed by
                                                                                                  Item No. 16
AM         KABORAMBAM
                                                                                 (Through Video Conferencing)
           SANDEEP SINGH
SANDEEP    Date: 2021.12.16
SINGH      16:01:48 -08'00'
                                          IN THE HIGH COURT OF MANIPUR
                                                    AT IMPHAL

                                           CRP(CRP.Art.227) No. 71 of 2019


                                 Mangsatabam Dolen Singh
                                                                                                 ....Petitioner
                                                              - Versus -

                                 Mangsatabam Nupimacha Devi
                                                                                               ...Respondent

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

15.12.2021

This Civil Revision petition, filed under Article 227 of the Constitution,

arises out of the judgment and order dated 20/11/2019 passed by the learned

District Judge, Imphal East, in Miscellaneous Civil Appeal No. 6 of 2019. In turn,

that appeal arose out of the ex parte interim injunction dated 03/10/2019

granted by the learned Civil Judge (Senior Division), Imphal East, in Judicial

Misc. Case No. 556/2019 (Ref.: Original Suit No.105 of 2019).

The petitioner in this revision is the plaintiff in the said suit who

secured the ex parte interim injunction, which was set aside in appeal by the

learned District Judge, Imphal East.

Heard Mr. T. Momo, learned counsel for the petitioner and Mr. Th.

Babloo, learned counsel for the respondents.

Perusal of the order under revision reflects that the Appellate Court

was of the opinion that the Trial Court ought not to have granted an ex parte

interim injunction as a prayer had not been made in that regard as per the

prescribed procedure. No error was committed in this regard. The Appellate

Court rightly set aside the ex parte injunction and remanded the injunction

application to the Trial Court for consideration and disposal afresh after giving

an opportunity to the defendants to oppose the same.

Mr. T. Momo, learned counsel for the petitioner, would state that the

injunction application is presently pending consideration before the Trial Court

pursuant to the aforestated remand. As it is for the parties to appear before the

Trial Court and put forth their respective stands, it would be premature for this

Court to look into the matter on merits at this stage to decide whether the

plaintiff in the suit would be entitled to an injunction. This exercise would have

to be undertaken by the Trial Court in the first instance and not by this Court,

in exercise of judicial superintendence under Article 227 of the Constitution.

The Civil Revision Petition is accordingly dismissed leaving it open to

the petitioner herein to take appropriate steps before the Trial Court for speedy

disposal of the injunction application.

No order as to costs.

A copy of this order shall be supplied online or through whatsapp to

the learned counsel for the parties.

CHIEF JUSTICE

Bidya