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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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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