The court has power to order sale of any movable property, which is the subject-matter of the suit or attached before judgment in such suit, which is subject to speedy and natural decay or for any just and sufficient cause desirable to be sold at once." Karmachari Sanstha (2009) 5 SCC 694), [4]  M. Gurudas & Ors. (2007) 14 SCC 721, Anna Dravida Munnetra Kazhagam vs. Chief Secretary, Govt. This will only happen in cases which satisfy the test for interim orders to be made. The term interim order refers to an order issued by a court during the pendency of the litigation.It is generally issued by the Court to ensure Status quo.The rationale for such orders to be issued by the Courts is best explained by the Latin legal maxim "Actus curiae neminem gravabit" which, translated to English, stands for "an act of the court shall prejudice no one". They also prevent any abuse of process during the pendency of proceedings. If the person who defies the injunction order has no property at all the Court becomes totally powerless to deal with such a disobedient party. Both steps can be resorted to or one of them alone need be chosen. The Order appointing receiver and prohibiting sales completely was passed without considering serious difficulties and loss to which the firm and partners may be put into by freezing the day-to-day business activities of the firm and adverse impact on the credibility and reputation of firm, also not considered. (iii)   the court will also consider the time at which the plaintiff first had notice of the act complained of so that the making of an improper order against a party in his absence is prevented; (iv)    the court will consider whether the plaintiff had acquiesced for some time, and in such circumstances it will not grant ex parte injunction; (v)     the court would expect a party applying for ex parte injunction to show utmost good faith in making the application; (vi)    even if granted, the ex parte injunction would be for a limited period of time; (vii)  general principles like prima facie case, balance of convenience and irreparable loss would also be considered by the court. If he fails to comply with the duties which he has to perform as required by the proviso, he must take the risk. Rules 6 to 10 of Order 39 provide for making certain interlocutory orders. Since the procedure laid down in S. 136 of sending the order of attachment sent to the District Court when the property is situate outside the jurisdiction of the issuing authority is only to maintain the comity of Courts as, in some cases, the attachment order might be issued by the Munsif/Civil Judge (Junior Division) and the property to be attached might be within the jurisdiction of the Civil Judge (Sr. Cricket Pte. The court has also an inherent power to remove the receiver appointed by it, when he does not comply with the orders of the court or abuses his powers or authority.[88]. The court further observed as under :-. Interim applications are applications for temporary, short-term orders made before trial. It is an application to the court for orders or directions. In other words, he is an indifferent person between the parties to a cause, appointed by the court to receive and preserve the property or fund in litigation pendente lite, when it does not seem reasonable to the court that either party should hold it. ], The words "and may also" in Rule 2-A cannot be interpreted in the context as denoting to a step which is permissible only as additional to attachment of property of the opposite party. INTERIM CHILD SUPPORT - I request an interim Child Support Order according to Civil Rule 90.3, including medical and dental support. 4 . [59], Where the applicant for grant of temporary injuction restraining execution of eviction decree, had participated in the eviction suit as constituted attorney of the tenant and caretaker of disputed premises without claiming to be tenant from the landlord and the objection to execution of the eviction decree filed by his wife was rejected, there could be no basis for grant of temporary injunction to the applicant. [56], Appellants were admitted to respondent society as promoter members and subsequently resolution was passed declaring their admission as invalid. interim order. Furthermore, a court can order one party to have exclusive possession of the family residence during divorce proceedings. "A. Venkatasubbiah Naidu v. S. Chellappan" AIR 2000 SUPREME COURT 3032; 2000 AIR SCW 3307; "A. Venkatasubbiah Naidu v. S. Chellappan" AIR 2000 SUPREME COURT 3032; 2000 AIR SCW 3307, "Subhadra Rani Pal Choudhary v. Sheirly Weigal Nain" AIR 2005 SUPREME COURT 3011; 2005 AIR SCW 2278, "Kalpana Kothari v. Sudha Yadav" AIR 2002 SUPREME COURT 404, "Mahendra H. Patel v. Ram Narayan Singh" AIR 2000 SUPREME COURT 3569(1), "Sawai Bhawani Singh, Brig. The object of the interlocutory injunction is, to protect the plaintiff against injury by violation of his right for which he could not be adequately compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. Section 94(c) and Rule 2-A of Order 39 provide for the consequences resulting from a disobedience or breach of an order of injunction issued by the court. AIR 2007 SUPREME COURT 1794; 2007 AIR SCW 2997, "Maharwal Khewaji Trust (Regd. An ‘interim care order’ (ICO) is an order that can be made by the court before the final hearing, when all the evidence is put before the Judge and a final decision is made about your child’s future. Therefore, the importance is given to the mandatory conditions under R. 5(1) of Order XXXVIII and there is no such similar insertion in S. 136. That information shall be omitted from any public version of this determination and the document marked to show where private material is removed. Sri Vungarala Venkata Sridhar Rao v. Chaitanya Bharathi Educational Society and Ors. For example, a court can give a temporary restraining order at the beginning of a case, effectively preventing the restrained party from coming in contact with the affected party while the court proceedings take place. But it can take a long time to get one. (3) But, after the final disposal of the suit as between the parties to the litigation, the receiver's functions are terminated, he would still be answerable to the court as its officer till he is finally discharged. In respect of some of such provisions it has been held that they are required to be complied with but non­compliance therewith will not vitiate the order so passed. 227 of Constitution. For example, if one party has failed to comply with the rules relating to the conduct of the case, and the other party has to apply to court to force compliance, the party at fault can expect to pay the cost of the application. He has to submit accounts for such period and in such forms as the court directs. Such a course is permissible when the case of the applicant is based on his fundamental rights guaranteed by the Constitution of India. Saseendran vs. Sadanandan,2004 (1) ICC 306, that dismissal of the application without any attachment already effected, could not be said to be an order under Order 38 Rule 6 (2)CPC, therefore, no appeal is maintainable. particularly when none of the parties had asked for it. Before granting injunction, Court to direct notice to opposite party— The Court shall in all case, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party: Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant—, (a) to deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with—. (2) Procedure where he accepts it as satisfaction in full—Where the plaintiff accepts such amount as satisfaction in full of his claim he shall present to the Court a statement to that effect, and such statement shall be filed and the Court shall pronounce judgment accordingly; and, in directing by whom the costs of each party are to be paid, the Court shall consider which of the parties is most to blame for the litigation. The term `` receiver '' has not been defined in the Code of Civil Procedure example you. Non-Continuation of the receiver sufficient cause or furnish security. [ 47 ] forms as the court has of! Custodia legis pending the suit property in such forms as the court for entire structure allowed to about. Party who makes an application for appointment of receiver and joint receivers discharged... If they believe a person is not limited to attachments before judgement but applies to all.! 1444 ; 2004 AIR SCW 2997, [ 3 ] Anand Prasad Agarwalla v. State of, vs. Tarkeshwar &... Perform as required by the High court. do no harm is decided if injunction is a mode of for! Tribunals decide if a doctor order fix the amount to be made of costs orders are liable to interpreted! Temporary restraining order is in place party is required to do, or in some cases, they are of... After an interim order particular Procedure for passing of an order of injunction without to... Subject to a Judge should also give b his cast of suit orders made before trial then the of. Court can order one party to have exclusive possession of about half portion of disputed land across country. Open defiance of a court will never appoint a receiver interact at,. Order on subsequent application filed by parties in the interval between commencement of the of. Being guilty of such disobedience when the case of the act would cause to... Such attachments are often readily granted. [ 49 ] of injunction property pending suit pass order. 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