On 21.1.2021 the following order was passed:
"Supplementary affidavit filed today, the same is taken on record.
Sri Rakesh Kumar, learned counsel for the petitioner is permitted to implead Civil Judge (Junior Division), Moradabad as respondent no. 7 in the array of the parties during the course of the day.
Heard counsel for the petitioner and Sri Ashish Mishra, counsel put up his appearance on behalf of respondent no. 7.
The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to set aside the order dated 04.11.2020 passed by the Civil Judge (Junior Division) in Original Suit No. 417 of 2020 (Aridhi Vanijya vs. Marg Rear Phone). Along-with suit an application for the grant of temporary injunction was also filed being application no. 6-C. On the said application an interim protection was granted to the petitioner by the Civil Judge (Junior Division) vide order dated 03.09.2020. The aforesaid interim order was extended from time to time.
It appears that private-respondents put up their appearance in the aforesaid suit and file their objection. When the matter was taken up on 04.11.2020, the following order was passed:- "
^^i=koyh is'k gqbZ i{kdkj mifLFkr okLrs fu0 24x] 6x fn0 24-11-2020 dks is'k gksA izHkkoh^^ It is argued that thereafter an application was filed by the defendant in the suit which was numbered as application no. 31-C, copy of the said application was never served upon the counsel for the petitioner/plaintiff and wholly illegally another order was passed by the Civil Judge on the same date after lunch. By the aforesaid order, interim injunction granted in favour of the plaintiff/petitioner dated 03.09.2020 was cancelled. It is further argued that the aforesaid action on the part of the respondent no. 7 is absolutely illegal and against the norms prescribed under the rules of the code. Once the time was granted to the plaintiff/petitioner to file affidavit there is no occasion for the concerned, court to accept any document on the same day in the absence of plaintiff/petitioner and thereafter passed another order and that too by vacating the interim injunction granted in favour of the petitioner.
The matter is very serious in nature.
In this view of the matter, Sri Ashish Mishra, Advocate appearing on behalf of respondent no. 7 prayed for and is granted ten days time to seek instructions in the matter from the concerned Civil Judge and file an affidavit to this effect.
Put up in the additional cause list on 17.02.2021.
Meanwhile, the interim protection granted by the trial court on 03.09.2020 will continue until further orders of this Court."
Pursuant to the same, an affidavit of respondent no.7 has been filed by Sri Ashish Mishra, learned counsel appearing on behalf of respondent no.7. The same is taken on record.
As prayed by Sri Rakesh Kumar, learned counsel appearing for the petitioner, three weeks' time is allowed to file rejoinder affidavit.
Issue notice to respondents no.1 to 6 returnable at an early date. Steps be taken within two weeks.
All the respondents may file counter affidavit within six weeks. Rejoinder Affidavit, if any, may be filed within two weeks' thereafter.
List this case after exchange of affidavit.
Order Date :- 8.2.2021 SKM