Authority: Supreme Court of India
Order Date: 24-07-2026
Case Overview
- Petition for Special Leave to Appeal (C) No.24442/2026 filed by M/S Santosh Dhaba Exclusive Partner against M/S The Santosh Original Proprietor & Ors., arising from a final judgment and order dated 23-06-2026 of the High Court of Telangana (CMA No.524/2025).
- The High Court, in Paragraph 20 of its order, observed that the trial court had scheduled the matter for 17‑12‑2025, adjourned to 23‑12‑2025, and that there was no clear record of an extension of the temporary injunction beyond 15‑12‑2025; consequently, the injunction was deemed to have ceased on that date.
- The petitioner argued that an order dated 15‑12‑2025 issued by the XI Additional Chief Judge, City Civil Court, Hyderabad, contained the word “allowed,” indicating that the application for extension of the injunction was granted.
- Respondents contended that the same order did not, in fact, allow the extension, creating factual uncertainty about whether the injunction remained in force after 15‑12‑2025.
- The Supreme Court noted the lack of clarity on the extension and the inability to obtain records from the transferor court because the matter had already been transferred to the Commercial Court.
Final Outcome
- The Supreme Court remitted the matter to the High Court, directing it to obtain the necessary records and proceedings from the transferee (Commercial) court and to secure an appropriate report from the transferor court regarding the status of the injunction.
- The High Court is instructed to hear both parties afresh and to decide the issue within four weeks from the date of this order.
- The application filed by the petitioner under Order XXXIX, Rules 1 and 2 of the Civil Procedure Code, scheduled for hearing on 04‑08‑2026, shall be heard only after the clarification on the injunction extension is obtained.
- The Special Leave Petition is hereby disposed of, and any pending applications, if any, are also disposed of.
Topics: Court Order, Injunction Extension, Civil Procedure