Status quo to be maintained on suit property as appellate court refrains from expressing opinion on merits at interlocutory stage
In a significant directive issued by the Rajasthan High Court, the trial court has been instructed to expedite the decision on a pending application for a temporary injunction involving M/s Shyam And Shyam Oil Mills Private Limited and Gnet Impex Private Limited. The appellate court, presided over by Mr. Justice Farjand Ali, underscored the necessity for the trial court to independently evaluate the case's prima facie merits, balance of convenience, and potential for irreparable injury before making any determinations.
The appellate proceedings arose from an order dated May 29, 2026, by the District Judge of Jodhpur Metropolitan, which refused ad interim protection to the appellant, M/s Shyam And Shyam Oil Mills Private Limited, while the substantive application for a temporary injunction remains undecided. The High Court emphasized that any detailed examination of factual or legal issues at this stage might inadvertently prejudice the trial court's findings.
In its order, the High Court stated that judicial propriety demands that the trial court first render its independent determination on the core issues of prima facie case, balance of convenience, and irreparable injury. Only after this determination should the appellate court examine the correctness of such findings if required.
Justice Ali highlighted that ad interim relief is intended to be a short-lived protection measure until the application for a temporary injunction is finally decided. The court advised that the trial court should strive to resolve the application for a temporary injunction within thirty days of the case being ripe for consideration, thereby avoiding unnecessary prolongation of interlocutory proceedings.
Furthermore, the High Court has ordered both parties to maintain the status quo concerning the suit property until July 20, 2026, and prohibited the creation of any third-party interests in the property during this period. The court also addressed an application under Order XLI Rule 27 of the Civil Procedure Code, allowing the appellant the liberty to file a relevant application before the trial court if additional evidence is required.
The directive aims to ensure a fair and expeditious judicial process, allowing the trial court to assess the case on its merits without external influence. The Rajasthan High Court’s decision underscores the importance of timely justice and the proper application of judicial principles in civil litigation.
Bottom line:-
Temporary Injunction - Appellate Court refrains from expressing opinion on merits of the controversy at the interlocutory stage. Trial Court directed to decide the pending application for temporary injunction expeditiously, ensuring independent evaluation of prima facie case, balance of convenience, and irreparable injury.
Statutory provision(s): Civil Procedure Code, 1908 Order XXXIX, Civil Procedure Code, 1908 Order XLI Rule 27
