Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7959 of 2018 Petitioner :- Asha Hazi Respondent :- Pinki Kinnar And 4 Others Counsel for Petitioner :- Manoj Pathak Hon'ble Manoj Misra,J.
The instant petition has been filed assailing the orders dated 30.08.2018 and 18.02.2017 passed by the Additional District Judge, Anoopshahar, Bulandshahr in Civil Revision No.32 of 2017 and Civil Judge (Junior Division), Anoopshahar, Bulandhshr in Original Suit No.89 of 2014, respectively.
A perusal of the record would reveal that the petitioner being the plaintiff of Original Suit No.89 of 2014 had obtained an ex- parte interim injunction on his application 6-C2. The said interim injunction had expired while the application 6-C2 remained pending. To extend the interim injunction, application 45-C2 was filed which was rejected by the trial court vide order dated 18.02.2017 by fixing a date for final disposal of application 6-C2. Aggrieved by the order dated 18.02.2017, the petitioner filed Revision No.32 of 2017, which was dismissed by order dated 30.08.2018 on the ground that the revision itself was not maintainable.
The court below has also observed that there had been a break in the interim injunction and therefore it would not be appropriate to extend the same.
Considering the fact that the application 6-C2 of the petitioner is pending and the court below had fixed a date for its consideration, the appropriate course for the petitioner is to press the application 6-C2 rather to seek for extension of interim injunction which has already lapsed.
Under the circumstances, without interfering with the orders dated 18.02.2017 and 30.08.2018, this petition is disposed off by requiring the trial court to address the application 6-C2 expeditiously, if the same is pending.
Order Date :- 31.10.2018 AKShukla/-