Temporary Injunction – Apprehension of Demolition – Pending Interlocutory Application – Supervisory Jurisdiction Where an interlocutory application seeking temporary injunction under Order XXXIX Rules 1 and 2 CPC is pending before the trial Court, pleadings are complete, and the matter is posted for enquiry within a short time, the High Court, in exercise of jurisdiction under Article 227 of the Constitution of India, ought not to grant interim relief or interfere with the trial Court’s discretion. Recording the statement of the respondent that no coercive action would be taken till the scheduled hearing before the trial Court is sufficient, and the parties must be directed to proceed with the enquiry before the trial Court. (Paras 4–5)

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Civil Procedure – Article 227 – Temporary Injunction – Apprehension of Demolition – Pending Interlocutory Application – Supervisory Jurisdiction

Where an interlocutory application seeking temporary injunction under Order XXXIX Rules 1 and 2 CPC is pending before the trial Court, pleadings are complete, and the matter is posted for enquiry within a short time, the High Court, in exercise of jurisdiction under Article 227 of the Constitution of India, ought not to grant interim relief or interfere with the trial Court’s discretion.

Recording the statement of the respondent that no coercive action would be taken till the scheduled hearing before the trial Court is sufficient, and the parties must be directed to proceed with the enquiry before the trial Court.

(Paras 4–5)

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RATIO DECIDENDI

When an application for temporary injunction is pending before the trial Court and is ripe for enquiry, and the respondent represents that no demolition or coercive action will be taken until such enquiry, the High Court should refrain from exercising supervisory jurisdiction under Article 227 to grant interim protection, and should instead direct the parties to pursue their remedies before the trial Court.