Can High Courts Mandamus Trial Courts to Expeditiously Decide Interim Injunction Applications Under Order 39 CPC?

LawSikho
August 29, 2025
Category: High Court of Uttarakhand

High Court upholds its supervisory jurisdiction to direct subordinate courts on timelines for interlocutory relief, creating binding authority for expeditious disposal

Summary

Category	Data
Case Name	WPMS/2544/2025 of MOHD. ISLAM MANSOORI Vs EXECUTIVE OFFICER CNR UKHC010133862025
Decision Date	28-08-2025
Disposal Nature	DISPOSED
Judgment Author	Hon’ble Mr. Justice Pankaj Purohit
Court	High Court of Uttarakhand at Nainital
Bench	Single Judge
Precedent Value	Binding
Overrules / Affirms	Affirms
Type of Law	Civil Procedure (Order 39 Rules 1 & 2 CPC)
Questions of Law	Whether the High Court can issue a mandamus directing a trial court to decide an application for interim injunction under Order 39 Rules 1 & 2 CPC within a stipulated time?
Ratio Decidendi	The High Court, under its writ jurisdiction, may issue mandamus to subordinate courts to ensure timely disposal of interlocutory applications. Where an interim injunction application under Order 39 Rules 1 & 2 CPC remains undecided and the respondent has not filed objections, the trial court must be directed to decide it expeditiously. Such supervisory intervention prevents prejudice to parties and abuse of process when interlocutory relief is sought.
Facts as Summarised by the Court	Petitioners filed Original Suit No. 245/2025 for permanent injunction and an application under Order 39 Rules 1 & 2 CPC. The trial court issued notice on 14.07.2025 and fixed 29.07.2025 for objections, which the respondent did not file. Meanwhile the respondent constructed a drain over the petitioners’ property and lodged an FIR alleging obstruction. The interim application remained pending at the time of the writ petition.
Citations	2025:UHC:7632

Practical Impact

Category	Impact
Binding On	All subordinate courts
Precedent Followed	Interim injunction applications must be decided expeditiously where objections are not filed.

What’s New / What Lawyers Should Note

High Court’s writ jurisdiction extends to issuing mandamus for timely disposal of interlocutory applications under Order 39 CPC.
Failure by a respondent to file objections can justify a direction for swift adjudication of interim relief.
This decision can be cited to secure fixed timelines for hearing and decision on temporary injunctions.

Summary of Legal Reasoning

Supervisory Jurisdiction: The High Court under Article 227/read writ practice notes inherent power to ensure subordinate courts function without undue delay.
Interlocutory Timeline: Emphasized that interim injunction applications under Order 39 Rules 1 & 2 CPC ought not to remain undecided when the respondent has not contested them.
Preventing Prejudice: Directed expeditious disposal to protect petitioners from ongoing construction and to avoid abuse of process by respondents.

Arguments by the Parties

Petitioner

Interim injunction application under Order 39 Rules 1 & 2 CPC is pending without objection.
Respondent proceeded with construction despite notice.
Mandamus is necessary to prevent further infringement and abuse of process.

Factual Background

Petitioners, owners in possession of a property, filed Original Suit No. 245/2025 against the Nagar Panchayat, Jhabreda, seeking permanent injunction and an interim injunction under Order 39 Rules 1 & 2 CPC. The trial court issued notice on 14.07.2025 and fixed objections for 29.07.2025, but the Panchayat only filed a vakalatnama without objections. Despite the pending application, the Panchayat constructed a drain on the petitioners’ land and lodged an FIR alleging obstruction. The interim relief application remained undecided when the High Court was approached.

Statutory Analysis

Order 39, Rule 1 & 2 CPC: Procedural provisions for grant of temporary injunctions.
High Court exercised its writ power to impose a time-bound directive on the trial court’s handling of these rules.

Alert Indicators

Precedent Followed

Citations

2025:UHC:7632 (High Court of Uttarakhand)