The Supreme Court of India, in a Bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan, has refused to interfere with an order of the Allahabad High Court (Lucknow Bench) that set aside an ex parte injunction granted by a trial court in a land dispute involving Time City Infrastructure and Housing Limited and the State of Uttar Pradesh.
The case originated from a trial court order dated 9 May 2025, which directed both parties to maintain the status quo over land in Barabanki district after the plaintiff claimed to have paid ₹3.60 crore and taken possession in 2015, later developing it for sale. The injunction also restrained any sale of the land until further orders.
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However, the High Court, exercising powers under Article 227 of the Constitution, found the suit lacking legal basis. It noted that the agreement to sell in 2015 had a one-year performance period, no suit for specific performance was filed within limitation, and no possession clause existed to invoke Section 53A of the Transfer of Property Act. The court also held that the trial court had failed to examine the essential requirements for granting an injunction.
Quoting the High Court:
"The trial court has not recorded any existence of a prima-facie case, balance of convenience, or irreparable hardship - the three sine qua non for a mandatory injunction."
The Supreme Court emphasized that under Order 39 Rule 3 CPC, ex parte injunctions are an exception and require recorded reasons and strict compliance with procedural mandates. While agreeing with the High Court's reasoning, it allowed the trial court to hear both parties on 12 August 2025 and decide the injunction application afresh, uninfluenced by earlier observations.
The Special Leave Petition was accordingly disposed of.
Case Title: Time City Infrastructure and Housing Limited, Lucknow vs. The State of Uttar Pradesh & Others
Case No.: Special Leave Petition (Civil) No. 21747 of 2025
