Supreme Court: Injunction Orders cannot be Pressed without hearing Third Parties

Nishka Srinivas Veluvali –

Published On: November 20, 2021 at 18:30 IST

The Apex Court has stated that “Injunction Orders” with respect to a  property case cannot be Passed in Prejudice of the third parties who are at loss directly by it, without giving them the chance of being heard.

Justice MR Shah and Justice BV Nagarathna set aside the Judgement and Order given out by the Karnataka High Court, that allowed Injunction opposing the alienation to an extent of 1/7^th share in the Suit property, refuting the third parties, who have the Right or Title in the property by of development agreements.

The respondents had set in motion a Suit before the Trial Court requesting a Declaration that they are Authorized to their mother’s 1/7^th share in the total properties, resulting in partition and separate possession.

Following this, an application was Filed requesting an Ex-parte ad-interim injunction. Initially, the Trial Court had granted an Ex-parte injunction restricting the Defendants in the suit from creating third party Rights on the suit property, the application for ex-parte ad-interim injunction was rejected on the basis that a determined portion of the suit property was under the ownership of firms, trusts and companies, that did not make to the suit.

The Supreme Court felt it was perfect to quash the Injunction Order of the High Court, it stated, “Therefore, the impugned common judgement and order passed by the High Court granting injunction with respect to 1/7^th in the total plaint schedule properties which has been passed without giving an opportunity of being heard to the appellants and without impleading them as party-defendants in the suit by the learned trial court, is unsustainable and deserves to be quashed and set aside.” 

The Trial Court urged to take the decisions on the impleadment applications first and then consider the Interim Injunction application anew.

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