Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 9610 of 2019 Petitioner :- Anjumnishan Respondent :- Kiran Jaiswal And 2 Others Counsel for Petitioner :- Pankaj Srivastava
Hon'ble Siddhartha Varma,J.
The application of the plaintiff-respondent for temporary injunction was allowed on 17.5.2018 and thereafter the appeal filed by the petitioner was dismissed on 17.12.2018. Against these two orders, the instant application under Article 227 of the Constitution of India has been filed.
The contention of the learned counsel for the petitioner is that the plaintiff had not been able to prove the oral compromise.
However, since the trial has yet to take place, it would be in the trial that the plaintiff would be producing her witness. At the stage of granting of temporary injunction the Court had only to see if the prima facie case was made out.
Under such circumstances, no interference is required in the discretionary exercise of jurisdiction of the Court below.
The writ petition is, accordingly, dismissed. However, a direction is being issued that the trial of the suit shall proceed on a day to day basis.
Order Date :- 18.12.2019 GS (Siddhartha Varma, J.)