Adjournment After Issuing Urgent Notice Under Order 39 Rule 1 Should Be Shortest: Andhra Pradesh High Court
The Court held that delaying urgent cases defeated the purpose of Order 39 Rule 1 and that when a matter requires immediate attention, it should not be adjourned unnecessarily.
The Andhra Pradesh High Court held that courts must consider the urgency of passing orders under Order 39 Rule 1 CPC and if a temporary injunction is not granted, should schedule the matter at the earliest possible date, so as to not defeat the purpose of Order 39 Rule 1 of the Civil Procedure Code, 1908 (CPC).
A Single Bench of Dr Justice K Manmadha Rao observed, “The urgency of passing of orders under Order 39 Rule 1 CPC should be kept in mind. Even where the Court is not inclined to grant temporary injunction or decides to issue urgent notice in that case also the Court should issue urgent notice and post the matter to a shortest date.”
The Court added, “When there is urgency in the matter the attitude of the Courts in posting the matter to a longer date, in fact defeat the purpose of Order 39 Rule 1 CPC.”
Advocate A K Kishore Reddy appeared for the Petitioners.
Brief Facts
The Petitioners had filed a suit before the Trial Court under Order 39 Rule 1 of the CPC for grant of permanent injunction against the Defendant from interfering with the Petitioner’s peaceful possession and enjoyment of the schedule property in any manner and for costs, along with an application for grant of ad-interim injunction during the pendency of the suit. The Petitioners in their affidavit, stated that the Defendant, without having any right, tried to dispossess them of the schedule properties, thereby interfering with peaceful possession.
The Trial Court heard the Petitioners' application and issued urgent notice to the Defendant, however, adjourned the matter for the next two months.
Aggrieved by the order of the Trial Court, the Petitioners approached the High Court and averred that the Trial Court ought to have considered the urgency of the matter, as there was a threat of dispossession of Petitioners from the suit property.
Reasoning of the Court
The Bench adverted to Order 39 Rule 1 of the CPC and noted that the provision, made with the intention to preserve the property as it is, enables the Court to grant a temporary injunction even without issuing notice.
The Court observed, “The urgency of passing of orders under Order 39 Rule 1 CPC should be kept in mind. Even where the Court is not inclined to grant temporary injunction or decides to issue urgent notice in that case also the Court should issue urgent notice and post the matter to a shortest date. The Court should examine what is the reasonable time required to serve the notice upon the respondents. Where the plaintiff undertakes to serve the notice within two or three days, the matter need not be adjourned to a longer date. It can be posted within four days or a week. When there is urgency in the matter the attitude of the Courts in posting the matter to a longer date, in fact defeat the purpose of Order 39 Rule 1 CPC.”
The Bench noted that the purpose of issuing urgent notice is to address situations requiring immediate action, such as, imminent danger or threats to safety, the potential financial loss or risk of violative legal rights ensuring the legal system can respond to intervene strictly in situations where irreparable harm and justice and crucial for safeguarding rights of the individual who are facing immediate threats or potential harm and further enable legal system to respond to ensure the justice is served in a timely manner.
The Court observed that the Trial Court adjourning the matter for two months defeated the purpose of issuing urgent notice.
Consequently, the Court allowed the petition and directed the Trial Court to issue notice to the Defendant and advance the matter to any date within seven days, hear the matter within the same period, and pass appropriate reasoned orders.
Cause Title: Vaitla Rama Murthy & Ors. v. Marisetty Satyanarayana, (Neutral Citation No. : APHC010107742025)
