Supreme Court of India · 2000-09-19
A. Venkatasubbiah Naidu vs S. Chellappan And Ors
- Citation / case number
- AIR 2000 SUPREME COURT 3032
- Court
- Supreme Court of India
- Petitioner
- A. Venkatasubbiah Naidu
- Respondent
- S. Chellappan And Ors
- Bench
- K.T. Thomas, R.P. Sethi
Judgment text excerpt
The Supreme Court addressed the issue of interim injunctions under Order 39 Rule 1 and 2 of the Code of Civil Procedure, emphasizing that such orders should not be granted without a thorough examination of the merits of the case. The Court held that the trial court's ex-parte injunction was improper as it extended beyond the permissible period without a proper hearing, thus infringing on the rights of the defendants. The appeal was allowed, and the interim injunction was set aside, reinforcing the necessity of due process in property disputes.