Defendant petition challenging interim injunction orders dismissed as not a fit case for interference, directing trial court to decide pending application within three months.
Directed trial court to decide pending temporary injunction application within three months.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 3035 of 2022
Petitioner :- Rajeev Kumar Gangwar Respondent :- Dharmanand Joshi And 5 Others Counsel for Petitioner :- Gautam Dubey Counsel for Respondent :- Lalit Kumar Misra
Hon'ble Salil Kumar Rai,J.
This is a defendant's petition challenging the orders dated 14.9.2021 and 24.3.2022 passed by the Civil Judge (Senior Division), District-Bareilly in Original Sit No. 684 of 2021 granting temporary injunction to the plaintiff-opposite party till disposal of application for temporary injunction, marked as Paper No. 6C, by the trial court.
The aforesaid orders are appelable and the petitioner has the remedy to file an appeal against the aforesaid orders.
In view of the aforesaid, it is not a fit case for interference against the order passed by the trial court at this stage. However, considering the circumstances of the case, Civil Judge (Senior Division), District-Bareilly is directed to decide the application for temporary injunction filed by the plaintiff-opposite party within a period of three months from today.
It is clarified that the present order shall not be considered as barring the petitioner to file an appeal, if in case he so advised.
The petition is disposed of .
Order Date :- 27.4.2022 Anurag/-
Digitally signed by ANURAG KUMAR VERMA Date: 2022.04.27 17:25:41 IST Reason: Location: High Court of Judicature at Allahabad
Rajeev Kumar Gangwar
Dharmanand Joshi
Salil Kumar Rai
As recorded by the court registry
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