M/S. Szf Private Limited vs Sudhir Sanghi
2023 Latest Caselaw 3393 Tel

 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

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