Disposed

Bhagwan Das v. Dilip Singh Chauhan

Uttarakhand HC19 Oct 2023WPMS/2955/2023

Case brief

AI extract

What is this about?

In this writ petition, the court observed that the trial court's failure to grant ex-parte injunction and directing notice under Order 39 Rule 3 CPC was legally sound. However, considering the peculiar facts, the petition was disposed of with a direction to serve defendants before the next date.

What did the court decide?

The writ petition was disposed of directing the trial court to consider the T.I. application on the fixed date provided defendants are served by 20.10.2023, ensuring personal service before trial.

Bhagwan Das Vs Dilip Singh Chauhan — Civil Procedure and Limitation | Uttarakhand HC (2023)

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SL. No	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGES’S ORDERS
			WPMS No.2955 of 2023 Hon’ble Man oj Ku m ar Tiw ar i, J.
			Mr. Vikas Bahuguna, Advocate for the petitioner.
			2 . Petitioner has challenged the order dated 04.10.2023 passed by learned Civil Judge, Dehradun in O.S. No.364 of 2023.
			3 . By the said order, learned trial court directed for issuance of notice on petitioner’s
			temporary injunction application, fixing 21.11.2023 for orders.
			4 . Learned counsel for the petitioner contends that having regard to the facts of the case, learned trial court ought to have granted ex-parte ad-interim injunction in favour of petitioner, therefore, the impugned order deserves to be set aside.
			5 . Since order passed by learned trial
			court is in consonance with Rule 3 of Order 39 CPC, therefore, same cannot be faulted. Issuance of notice to the other side is the
			rule and grant of ex-parte ad-interim
			injunction is an exception. Thus, the impugned order calls for no interference.
			6 . However, having regard to peculiar
			facts of the case, writ petition is disposed of

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with the request to the trial court	to consider
and decide the T.I. applicatio	n filed by
petitioner on date fixed, provid defendants are served. 7 . Learned counsel for pet	ed all the itioner on
instructions submits that petition steps for effecting personal servi	er will take ce upon all
the defendants to ensure that	they are
served before the next date fixed court. 8 . It goes without saying that any, of the suit property shall be doctrine of lis pendens. 9 . Let a certified copy of this issued by 20.10.2023. ( Man oj Ku m ar 19.10.2023 Arti	before trial transfer, if subject to order be Tiw ar i, J.)

Bhagwan Das v. Dilip Singh Chauhan

Case brief

What is this about?

What did the court decide?

Bhagwan Das v. Dilip Singh Chauhan

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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