The applicant-defendant has approached this Court assailing the exparte injunction order dated 30 May 2015, passed by Civil Judge (Junior Division), Varanasi in Original Suit No. 328 of 2015 (Doodhnath Vs. Queen of Apostles' Society, Varanasi).
The submission of the learned counsel for the applicant is that the respondent had earlier instituted a suit being Original Suit No. 497 of 2015 (Doodhnath Vs. Queen of Apostles' Society Varanasi) before Civil Judge (Senior Division), Varanasi for the same relief in respect of the same property, no interim injunction was granted in the said suit and notices were issued on the interim injunction application. Thereafter, without disclosing the aforementioned fact regarding institution of an earlier suit for the same cause of action, the present suit was instituted before the Civil Judge (Junior Division), Varanasi in the same month of May 2015 in which present exparte injunction has been obtained. The applicant has filed objection to the exparte injunction which is pending, however, on the strength of the exparte injunction, the respondents are interfering in the peaceful possession of the applicant on the suit property. Learned counsel for the applicant would urge that since 1971, the applicant is recorded in the municipal record and are in possession of the suit property.
Generally this Court would not interfere with an exparte injunction order, moreso, when the applicant has already appeared and filed his objection, but the facts of the present case is a glaring example of misuse of process of law, the record would reveal that after obtaining exparte interim injunction, the respondent filed an application to withdraw the earlier suit being O.S. No. 497 of 2015 which has been allowed despite objection filed by the applicant. It is settled principle of law that no person can use forum of the court for ulterior purpose and must approach the court with clean hands, the conduct of the respondent is gross misuse of process of court which the court below would take notice while deciding the objection.
Having due regard to the facts of the case, this Court in exercise of supervisory jurisdiction under Article 227 of the Constitution of India would not permit the respondents from misusing the forum of the court, accordingly, effect and operation of order dated 30 May 2015, passed by Civil Judge ( Junior Division), City, Varanasi in O.S. No. 328 of 2015, shall be kept in abeyance until disposal of the interim injunction application. The trial court while disposing of interim injunction application would also consider the conduct of the respondent.
The order has been passed without issuing notice to the respondents, in the event of respondents being aggrieved, it will be open for him to move an appropriate application to recall/modify the order.
With the aforesaid observations, the petition stands disposed of.
No order as to costs.
Order Date :- 19.2.2016 sfa/