No Exparte interim Injunction order can be given till disposal of main O.P./SUIT with out hearing the parties - order is liable to be set aside as it is gross miscarriage of justice -2015 A.P.[2013]MSKLAWREPORTS


It cannot therefore be doubted that the Principal District Judge, Ongole, had the power to grant interim relief pending the OP. However, such interim relief could be made absolute so as to be continued till the final disposal of the OP only after hearing all the parties concerned. In the present case, though the learned Principal District Judge, Ongole, captioned the order as an ad-interim injunction, he directed that it should continue till the disposal and final result of the main SROP. The hearing date given thereafter merely indicated that the SROP was to be heard on that date. The interim relief granted was declared to be of a final and enduring nature till the conclusion of the OP. Though it is contended on behalf of the first respondent that this was merely a mistake in the order, this Court is not impressed. The words used in the order undeniably indicate its final nature though it was stated to be an ad-interim injunction. In any event, such lapses are not expected of the Principal Civil Court of the district. Thus, the learned Principal District Judge, Ongole, clearly committed a gross error of jurisdiction by overstepping the limits prescribed by law for granting interim relief and acted in flagrant disregard of the rules of procedure and the principles of natural justice. Given these circumstances, this Court would be justified in entertaining this writ petition to prevent a miscarriage of justice.-2015 A.P.[2013]MSKLAWREPORTS

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