Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 1017 of 2019 Petitioner :- Smt.Asha Pachori And Another Respondent :- Civil Judge (Junior Division) And 6 Others Counsel for Petitioner :- Satya Prakash Sharma
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record.
The prayer in the present petition is to issue direction to the trial court to decide the temporary injunction application pending in Original Suit No.176 of 2018 (Smt. Asha Pachori & Ors. v. Radhey Shyam & Ors.) within stipulated period.
Perused the order sheet, the trial court has refused to grant an ex- parte injunction while issuing notice to the defendants vide order dated 19.9.2018.
The order dated 30.10.2018 indicates that the plaintiff has moved application for taking steps for service of notice on the defendants.
However, no satisfaction whatsoever has been recorded by the trial court as yet. There are five defendants in the suit. Nothing can be culled out from the contents of the present petition and the supplementary affidavit that all the defendants have been duly served.
In the said situation, no position direction can be given. However, it is expected that the trial court shall make an endeavour to decide the temporary injunction pending in Original Suit No.176 of 2018 (Smt. Asha Pachori & Ors. v. Radhey Shyam & Ors.), after satisfying itself about service of summons upon all the five defendants. It is further directed that, in no case, the trial court shall proceed to decide the temporary injunction application without recording satisfaction about service of notice upon each of the defendants under Order 5 Rule 9(4) of the Code of Civil Procedure, 1908.
Order Date :- 28.2.2019 Jyotsana