Under Art. 227, the Court directed the trial court to decide the temporary injunction application within eight weeks and maintain strict status quo between parties pending the decision.
Ordered trial court to decide injunction application within 8 weeks; parties to maintain strict status quo.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 5336 of 2019
Petitioner :- Shabnam Khatoon Respondent :- Learned Civil Judge (Junior Division) West Ballia And 8 Others
Counsel for Petitioner :- Nasiruddin Warsi
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the trial court to decide application for temporary injunction in Original Suit No.1078 of 2019 expeditiously and for restraining respondents no.2 to 8 from raising constructions till the disposal of the application for temporary injunction.
A perusal of the order sheet reveals that the defendants have already entered appearance in the proceedings and are contesting the same. The court is regularly fixing dates for disposal of the application for temporary injunction. According to counsel for the petitioner, the next date fixed in the case is 6.8.2019. It is urged that the defendants are continuously raising constructions but the court below has so far not considered the request of the petitioner for grant of ad interim injunction, as the defendants appeared on the very first date and took time for filing objections on the injunction application.
Having regard to these facts, the instant petition is disposed of by directing the trial court to decide the application for temporary injunction expeditiously, preferably within a period of eight weeks from the date of receipt of a certified copy of this order. It is further provided that till the injunction application is decided, both the parties shall maintain strict status quo on spot. It is further clarified that the court, while deciding the application for temporary injunction, shall not be influenced by the order of status quo passed by this Court, which is only by way of an adhoc arrangement till the injunction application is taken up for consideration.
(Manoj Kumar Gupta, J)
Order Date :- 18.7.2019 SL
1 issue framed by the court
Whether the High Court should direct the trial court to decide the application for temporary injunction expeditiously and maintain status quo.
1 provisions across 1 enactments
Shabnam Khatoon
Learned Civil Judge (Junior Division) West Ballia
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
