A civil suit plaintiff challenged rejection of her application under Order XXXIX Rule 3 CPC seeking ex-parte ad interim injunction without notice to defendants. The High Court declined interference since five months had elapsed, notice had been issued, and directed early disposal of the injunction application.
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Signature Not Verified
Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 05-Oct-2024 11:45:48
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP NO. 508 OF 2024
Jyoti Modi @ Majithia
…. Petitioner
Ms. Mamata Behera, Advocate
-versus-
Chandrasekhar Modi and others
…. Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
Order No.
ORDER 04.10.2024
3.1 It is submitted that unless the interim application is taken up at an early date, the Petitioner will be highly prejudiced as the
Page 1 of 2
Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CU TTACK Date: 05-Oct-2024 11:45:48
purpose of filing of the petition under Order XXXIX Rules 1 and 2 CPC will be frustrated. She, therefore, prays for setting aside the impugned order dated 25th April, 2024 under Annexure-1 and to direct learned trial Court to pass an ex-parte ad interim order of injunction till IA No.1 of 2024 is disposed of on merit.
Issue urgent certified copy of the order on proper application.
(K.R. Mohapatra) Judge
s.s.satapathy
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1 issue framed by the court
Whether the trial court's rejection of the petitioner's application under Order XXXIX Rule 3 CPC for ex-parte ad interim injunction should be set aside.
2 provisions across 1 enactments
Jyoti Modi @ Majithia
Chandrasekhar Modi and others
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
