Appeal against ex parte interim injunction. Court directs trial Court to hear respondent counters and decide merits within four months without adjudicating merits at this stage.
Appellant directed to file counter; trial Court to dispose of IA No. 631 of 2017 on merits within four months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE U.DURGA PRASAD RAO
CMA No.1076 of 2017
JUDGMENT:
Heard Sri Vedula Srinivas, learned counsel appearing for appellant.
2
UDPR,J CMA NO. 1076 OF 2017
the contention of the respondents before it, this Court is of the view that the present appellant, and the other respondents in the said petition, can appear and file their counters and agitate before the trial Court about the validity of the impugned order. It is no doubt true that the appellant/defendant No. 3 has a right to prefer CMA even against the ex-parte order. However, in order to have a better appreciation over the subject and to dispose of the matter at the earliest, this Court is of the view that the trial Court can be directed to receive the counters of the parties and dispose of the matter within a reasonable time.
_________________________ U.DURGA PRASAD RAO, J
Date: 12.10.2017 KA
1 issue framed by the court
Whether the trial Court should be directed to afford hearing to respondents before disposing of the ex parte injunction application on merits.
Appellant (Third Defendant)
Respondents in CMA
U DUGGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
