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AO No.275 of 2022
Hon’ble Sh ar ad Ku m ar Sh ar m a, J.
Mr. Bhupendra Singh, Advocate, for the
appellant.
Mr. Piyush Agarwal, Advocate, with
Ms. Soniya Chawla, Advocate, for the caveator.
The defendant, to the Civil Suit No.113
of 2022, “M/s Alliedplus Infra and others Vs.
Gurmeet Singh and others”, has agitated his
cause in the present appeal from order, by
invoking the provisions contained under Order
43 (1) (r) of the CPC, as against the grant of an
_ex parte_injunction by the impugned order
dated 25.06.2022, as it has been rendered by the
court of Civil Judge (Senior Division),
Rudrapur, District Udham Singh Nagar.
The grievance of the defendant/appellant,
herein, is that though despite of the fact that he
was a caveator to the proceedings, the learned
Trial Court has considered the application
under Order 39 Rule 1 and 2 of the CPC, and
has passed an ex parte injunction order.
The fact, which is apparent from the
record, also shows, that as against the grant of
an_ex parte_injunction, the defendant, has
already filed an objection under Order 39 Rule
4 of the CPC, which is yet to be adjudicated by
the learned Trial Court, on its own merit.
In order to resolve the controversy, and
to avoid the multiplicity of the proceedings by
way of keeping this appeal from order pending,
it is hereby directed that the learned Trial
Court, which is ceased with the proceedings of
the suit in which the principal application under
Order 39 Rule 1 and 2 of the CPC, is yet to be
considered on its own merit, after considering
the objection filed by the defendant under
Order 39 Rule 4 of the CPC, it would be apt to
balance the equities between theparties,and to |
