High Court disposed of writ petition challenging temporary injunction by directing trial court to expeditiously decide suit on merits without influence of impugned orders.
Directed trial court to decide suit expeditiously without being influenced by impugned orders.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7936 of 2019
Petitioner :- Prem Bahadur Singh And Another Respondent :- Hawaldar Singh And 3 Others Counsel for Petitioner :- Vinod Kr Pandey
Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the concurrent findings of prima facie case, irreparable loss and injury, and balance of convenience recorded by the courts below in favour of the plaintiff-respondents while granting temporary injunction in Original Suit No. 803 of 2017.
Counsel for the petitioner is unable to assail these findings, as he could not point out any jurisdictional error or perversity therein. He submitted that the trial court be directed to decide the suit expeditiously, without being influenced by the finding recorded in the impugned orders.
Accordingly, without interfering with the impugned orders, the instant petition is disposed of with direction to the trial court to decide the suit expeditiously, by fixing short dates and without granting unnecessary adjournments. While deciding the suit on merits, the trial court shall not be influenced by any finding or observation made in the impugned orders.
(Manoj Kumar Gupta,J.)
Order Date :- 5.11.2019 Chandan
1 issue framed by the court
Whether the writ petitioner is entitled to relief against concurrent findings of lower courts granting temporary injunction.
Prem Bahadur Singh And Another
Hawaldar Singh And 3 Others
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
