My neighbour is in the process of demolishing a boundary wall between our properties and the damage will be irreversible within hours. Can the Ahmedabad City Civil Court grant an urgent interim injunction against an ongoing irreversible act without first issuing notice to and hearing the other side, specifically for a property situated in Navrangpura, Ahmedabad?
Yes, and this is an important procedural tool Ahmedabad civil courts can exercise in genuinely urgent circumstances, balanced against natural justice requiring both parties be heard. Under Order 39 Rule 3 of the Code of Civil Procedure, 1908, where the court is satisfied the object of granting an injunction would be defeated by delay in giving notice, it can grant an ex parte ad-interim injunction, but this power is meant for genuinely urgent situations.
Where a court grants such relief, it's required to record its reasons for proceeding ex parte, specifically explaining why delay would defeat the purpose of the relief sought, providing a check against overuse of this one-sided remedy.
Following any ex parte order, Order 39 Rule 3A mandates the court make efforts to finally dispose of the application within thirty days, and where it fails to do so, record reasons for such failure, reflecting the clear legislative intent that ex parte relief should be promptly followed by a proper hearing.
The affected party retains full rights under Order 39 Rule 4 to apply for the order to be discharged, varied, or set aside, and the proviso specifically requires the court give them an opportunity of being heard before confirming or continuing the order.
Given how ex parte relief involves a careful balance between urgency and fairness, understanding the procedural safeguards is essential for both parties. Reach out via Aapka Legal Advice whether you need to urgently seek ex parte relief or challenge an order granted without a hearing in your Ahmedabad dispute. The Top Property Lawyers in Ahmedabad team has successfully secured urgent relief and challenged improperly granted orders before Ahmedabad's civil courts, supported by a panel of retired judges with deep procedural expertise. If you're facing or seeking ex parte interim relief in Ahmedabad, understanding both the requirements and remedies available is essential.
