Writ petition seeking to set aside orders rejecting an ex-parte interim injunction application due to lack of service of notice. Court found no error in impugned orders and dismissed the petition.
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Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4205 of 2018 Petitioner :- Gujarati Devi @ Geeta Devi And 3 Others Respondent :- Vinod Kumar Kesharwani And 2 Others Counsel for Petitioner :- Awadhesh Kumar Sharma,Sharda Vishwakarma
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioners and the learned standing counsel for the Staterespondents.
This writ petition has been filed praying to set aside the impugned orders dated 22.05.2018 and 28.5.2018 passed by the Court of Additional Civil Judge (Senior Division), Allahabad in Original Suit No.233 of 2018, Gujrati Devi @ Geeta Devi & others v. Vinod Kumar Kesharwani and others.
It appears that the petitioners have filed Original Suit No.233 of 2016 (Gujrati Devi v. Vinod Kumar and others) on 22.5.2018 along with an application 6C-2 for interim injunction. On the same day the Court of Additional Civil Judge (Senior Division) (Court No.13), Allahabad, issued notices to the defendants-respondents and the date was fixed for 6.7.2018. It appears that on the same day the application 10C filed by the petitioners was allowed and the Amin was directed to make spot inspection and take measurement of the disputed property and to submit the report before 6.7.2018. The petitioners have not taken steps to serve the defendantsrespondents and instead filed an Application 11-C praying for exparte interim injunction. This application was rejected by the impugned order dated 28.5.2018 observing that no pairvi has been made by the plaintiffs-petitioners to serve the defendants-respondents.
Aggrieved with these two orders, the plaintiffspetitioners have filed the present writ petition.
Considering the facts and the reasons recorded in the impugned orders dated 22.05.2018 and 28.5.2018, I do not find any manifest error of law in the impugned orders. Consequently, this writ petition is dismissed , leaving it open to the petitioners to pursue their Application 6C-2, which is pending before the court below. It is expected that the court below shall decide the Application 6C-2 as far as possible on the next date fixed or in any case by 31.7.2018.
Order Date :- 8.6.2018 Ak/
Gujarati Devi @ Geeta Devi And 3 Others
Vinod Kumar Kesharwani And 2 Others
Surya Prakash Kesarwani
As recorded by the court registry
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