In S.B.Civil Misc. Appeal No. 2368/2007, held that as the trial was completed but judgment delayed, an existing interim injunction order shall remain in force during suit pendency. Appeal disposed with direction to trial court to decide suit within three months.
To keep interim injunction order passed on 4.10.2007 in force; trial to decide suit within three months.
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S.B.CIVIL MISC. APPEAL NO. 2368/2007. Ishwarlal V/s. Shri Mool Singh & Ors.
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S.B.CIVIL MISC. APPEAL NO. 2368/2007.
Ishwarlal
V/s.
Shri Mool Singh & Ors.
Date of Order: 13th May, 2009
HON'BLE MR. JUSTICE DALIP SINGH
Mr. Manish Sharma, for the appellant. Mr. Parag Rastogi, for the respondents.
During the course of hearing of this appeal which is against order passed by the learned trial court rejecting the application for the grant of temporary injunction it was revealed by the learned counsel for the parties that the trial has already been completed and at one stage the arguments have also been heard but the judgment could not be pronounced.
In the facts and circumstances of the case without going into the merits of the case as it may prejudice the rights of either of the parties it is directed that the interim order passed by this Court on
S.B.CIVIL MISC. APPEAL NO. 2368/2007. Ishwarlal V/s. Shri Mool Singh & Ors.
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4.10.2007 shall remain in force during the pendency of the suit.
The learned trial court is directed to hear and decide the suit itself preferably within a period of three months.
The appeal is accordingly disposed of.
(Dalip Singh),J.
Tanwar/Jr.P.A.
Ishwarlal
Shri Mool Singh
Dalip Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
