Petitioner sought Article 227 direction for injunction and status quo in Original Suit No. 718/2018. Court found no extraordinary reason for ex-parte direction but ordered trial court to decide application after sufficient service.
Trial Court to decide temporary injunction application soon after sufficient service of summons on defendants.
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Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 4292 of 2018
Petitioner :- Malti Devi Respondent :- Court Of Civil Judge And 3 Others Counsel for Petitioner :- Atul Kumar Srivastava
Hon'ble Manoj Kumar Gupta,J.
The instant petition has been filed under Article 227 of the Constitution praying for a direction to the trial Court to decide the application for temporary injunction bearing paper No. 6C in Original Suit No. 718/2018, within a stipulated period, and to direct respondents to maintain status quo over the suit property, in the meantime.
The petitioner instituted Original Suit No. 718/2018 on 31.5.2018 i.e. on the last date before the Civil Courts closed for summer vacations. The trial Court, after considering the plaint case and the documentary evidence filed by the petitioner did not find it a fit case for granting ex-parte ad interim injunction and consequently, issued notice to the defendants fixing 31.7.2018. The petitioner has soon thereafter rushed to this Court without even waiting for service of summons being effected on the defendants.
This Court does not find any extra ordinary reason on record to warrant issuing a direction to the defendant respondents to maintain status quo, without hearing them. However, the petition is disposed of by providing that trial Court shall make endeavour to decide the application for temporary injunction, soon after service on the defendants is found to be sufficient.
(Manoj Kumar Gupta, J.)
Order Date :- 25.6.2018 AM/-
1 issue framed by the court
Whether directions can be issued under Article 227 for maintenance of status quo without hearing defendants.
1 provisions across 1 enactments
Malti Devi
Court Of Civil Judge
3 Others
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
