Full Bench ruling cited held appeal under Order 43 Rule 1 C.P.C. lies against ex-parte injunction orders. Consequently, writ petition under Article 227 challenge was not entertained and dismissed.
The petition challenging the ad-interim ex-parte injunction was dismissed as appeal under Order 43 Rule 1(r) C.P.C. lies.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5006 of 2019
Petitioner :- Satish Kumar And 3 Others Respondent :- Intezar And 5 Others Counsel for Petitioner :- Gyanendra Kumar Singh,Qaisar Kamal Ansari
Hon'ble Manoj Kumar Gupta,J.
The order impugned in the instant petition is dated 06.05.2019 by which trial court has granted ad-interim ex-parte injunction during the pendency of the application for temporary injunction.
It has been held by a Full Bench decision of this Court in Zila Parishad Badaun Vs. Brahma Rishi Sharma, AIR 1970 (Alld) 376 that against an order granting ex-parte injunction, appeal under Order 43 Rule 1 (r) C.P.C. lies.
In such view of the matter, this Court is not inclined to entertain the challenge in exercise of supervisory powers under Article 227 of the Constitution.
The petition is consequently dismissed.
(Manoj Kumar Gupta, J.)
Order Date :- 16.7.2019 Nirmal Sinha
2 issues framed by the court
Whether a challenge in exercise of supervisory powers under Article 227 lies against an order granting ex-parte injunction.
Whether appeal under Order 43 Rule 1(r) C.P.C. dissects writ petition against interim injunction.
Colour shows how this judgement treated each authority
Zila Parishad Badaun Vs. Brahma Rishi SharmaFollowed¶6
Zila Parishad Badaun Vs. Brahma Rishi Sharma, AIR 1970 (Alld) 376 · Who else cites this
Satish Kumar And 3 Others
Intezar And 5 Others
Manoj Kumar Gupta
As recorded by the court registry
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