This petition under Article 227 sought a direction for the trial court to decide objections to an ex parte injunction expeditiously. The court directed a decision within twelve weeks if no legal impediment exists, before disposing of the matter.
Direction to trial court to decide objections to ex parte injunction within twelve weeks.
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Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7997 of 2019
Petitioner :- Lal Chand And 2 Others Respondent :- Radhey Shyam And 17 Others Counsel for Petitioner :- Shyam Murari Upadhyay
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the trial court to decide application 6-C filed in Original Suit No. 707 of 2018 expeditiously.
The petitioners are defendants in Original Suit No. 707 of 2018. Their grievance is that order of exparte injunction granted in the suit is being extended on every date without deciding the objections filed by them against the application for temporary injunction.
Accordingly, the trial court is directed to decide the application for temporary injunction taking into consideration the objections filed by the petitioners within a period of twelve weeks from the date of receipt of certified copy of this order, provided there is no legal impediment.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta,J.)
Order Date :- 5.11.2019 Chandan
2 issues framed by the court
Whether to direct the trial court to decide the objections to the order of ex parte injunction expeditiously.
Whether the trial court is to decide the temporary injunction application within twelve weeks.
Lal Chand and 2 Others
Radhey Shyam and 17 Others
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
