Hi Sarvesh,
Your query is kind of a mess, to be honest, but let me help you simplify it. The situation you described involves multiple injunction suits, a senior court’s decision dismissing the plaintiff’s relief, and a lower court currently without a presiding judge. Here’s the best legal course of action:
Since the senior court has dismissed the plaintiff’s suit seeking an injunction and declaration, it means that the plaintiff has no standing to seek the same relief in the lower court. The principle of res judicata (Section 11 of the Civil Procedure Code, 1908) applies here, which means the plaintiff cannot re-litigate the same issue once it has been decided by a competent court.
However, as you mentioned, there is already an injunction suit filed by both parties in the lower court, and at that time, a status quo order was passed. Now that the senior court has dismissed the plaintiff’s relief, you should immediately move an application under Order 39 Rule 4 CPC before the lower court to get the injunction order in your favor or to get the status quo vacated for the plaintiff.
Since the lower court currently does not have a judge, you can move an urgent application before the District Judge or Administrative Judge of the jurisdiction seeking immediate listing of the matter before an available judge or for transfer to another competent court. This will ensure that your case does not remain in limbo due to the absence of a presiding officer.
Additionally, if the plaintiff still attempts to interfere despite the dismissal of their suit, you can file for execution of the senior court’s judgment under Order 21 CPC and, if necessary, seek contempt proceedings under Order 39 Rule 2A CPC for violation of court orders.
This is the best approach to ensure that the plaintiff does not misuse the pending lower court suit to maintain the status quo order in their favor. For further consultation and help, reach out to me at adv.vishesh@icloud.com.
