HC issues directions to the Trial Court to decide petitioner’s application for a temporary injunction within the period of two weeks

 

A single judge bench of the Justice Manoj Kumar Tiwari of Uttarakhand HC has dismissed the petition filed for not granting of the ex-parte injunction by the court, and the court held that the learned judge acted under the law, and there is no need to grant the temporary injunction.

Facts:

The fact of the case is that the petitioner is plaintiff in Original Suit No. 107 of 2022, which is pending before Senior Civil Judge, Vikasnagar, Dehradun. With his suit, petitioner has also filed an application seeking temporary injunction. However, learned Senior Civil Judge, vide order dated 5.7.2022, directed for issuance of notice to defendants and refused to grant ex-parte ad interim injunction.

Since issuance of notice before passing of order on temporary injunction application is requirement of law, therefore, order passed by the learned Trial Court cannot be faulted with. Learned Trial Court has acted in consonance with the provisions contained under Rule 3 of Order 39 CPC.

Observations of the Court: 

The court observe that petitioner’s application for temporary injunction is pending and all defendants have been served, this writ petition is disposed of with a request to the Trial court to consider the said application on the next date fixed. If for any reason, it is not possible to consider petitioner’s application for temporary injunction on the next date fixed, then the same shall be disposed of on any other date within two weeks thereafter.

Decision:        

The petition was dismissed by this court as the application for the temporary injunction is pending and all the defendants have been served, and also for not consideration of the application.

 

Case: Surest Kumar Bindal vs Mahendra Singh

Citation: WPMS 2760/2022 

Coram: Justice Manoj Kumar Tiwari

Dated: 10.11.2022 

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(With input from news agency language)

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