Facts
The petitioners challenged the trial court’s order dated 21 February 2026 in O.S. No. 1207/2026, which issued notice on their applications under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure (CPC) but declined to grant an ex parte ad-interim injunction restraining defendant Nos. 20 and 21 from alienating or creating third-party rights in the suit property
Source reference: p. 6On 3 March 2026, the High Court directed those respondents not to alienate or encumber the property until the next hearing.
Source reference: p. 6The respondents’ counsel informed the High Court that the trial court had not considered the applications while the writ petition was pending.
Source reference: p. 6Issues
1. Whether the High Court should grant the injunction sought in the writ petition or otherwise intervene while the applications for temporary injunction remained pending before the trial court
Source reference: p. 62. Whether the trial court should be directed to decide the pending applications within a specified time, with the High Court’s interim protection continuing in the meantime
Source reference: pp. 6–7Law Applied
Article 227 of the Constitution of India confers supervisory jurisdiction over subordinate courts.
Source reference: pp. 6–7Order XXXIX Rules 1 and 2 CPC govern applications for temporary injunctions.
Source reference: pp. 6–7The High Court did not determine the merits of the injunction applications or state a substantive test for granting relief; it directed the trial court to decide the pending applications and continued its existing interim direction until that decision
Source reference: pp. 6–7Reasoning
Because the trial court had not considered I.A. Nos. 1 and 2 during the pendency of the writ petition, the High Court considered it sufficient to preserve the existing protection and have the trial court decide the applications promptly.
Source reference: pp. 6–7It therefore left the injunction question to the trial court rather than adjudicating the merits in the writ proceedings
Source reference: pp. 6–7Holding
The writ petition was disposed of.
The trial court was directed to dispose of I.A. Nos. 1 and 2 within one month; counsel for respondent Nos. 20 and 21 was permitted to place the order before the trial court and, if necessary, seek advancement of the case.
Source reference: p. 7The High Court’s interim direction of 3 March 2026 was to remain in force until disposal of those applications
Source reference: p. 7Original Court PDF
SMT. PADMAvsSRI. SRINIVAS N
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