Hon'ble Yogesh Chandra Gupta,J.
Case called out in the revised list.
Shri Ashok Mehta, learned counsel for the defendant-appellant is present.
Shri Rishikesh Tripathi, learned counsel for the plaintiff-respondent no.1 is also present.
However, Shri Ajay Kumar, learned counsel for the defendant-respondent nos.2 and 3 is not present.
Supplementary Counter Affidavit on behalf of the plaintiff-respondent no.1 has been filed today.
Shri Ashok Mehta, learned counsel for the defendant-appellant states that Rejoinder Affidavit has already been filed on behalf of the defendant-appellant in reply to the Counter Affidavit filed on behalf of the plaintiff-respondent no.1, and he does not propose to file any further Rejoinder Affidavit in reply to the aforesaid Supplementary Counter Affidavit filed on behalf of the plaintiff-respondent no.1 today.
In view of the above, we are proceeding to consider the Appeal for admission.
The present Appeal has been filed against the Order dated 31st May, 2010 passed by the Trial Court in Original Suit No. 623 of 2010 filed by the plaintiff-respondent no.1.
By the said Order dated 31st May, 2010, the Trial Court has directed for service of summons on the defendants in the said Suit fixing 12th July, 2011 for Written Statement/Issues, and has further directed that till the date fixed, no party would transfer or dispose of the suit property.
We have heard Shri Ashok Mehta, learned counsel for the defendant-appellant and Shri Rishikesh Tripathi, learned counsel for the plaintiff-respondent no.1.
Shri Ashok Mehta, learned counsel for the defendant-appellant no. 1 has fairly stated that pleadings in regard to the Injunction Application filed on behalf of the plaintiff-respondent no.1 in the aforesaid Suit have already been exchanged between the parties, and the Injunction Application is to be heard on merits by the Trial Court.
He further informs this Court that 14th December, 2011 has been fixed by the Trial Court in the said Suit.
As noted above, the present Appeal has been filed against the ex-parte injunction granted by the Trial Court while directing for service of summons on the defendants in the said Suit.
As the pleadings have already been exchanged between the parties in respect of the Injunction Application, and the Injunction Application is now to be heard on merits by the Trial Court, we are of the view that the interest of justice would be subserved by disposing of the present Appeal, without going into the merits thereof, by giving the following directions:
(1) The parties will appear before the Court below on the next date fixed, namely, 14th December, 2011.
(2) The Trial Court will endeavor to decide the Injunction Application on merits expeditiously, preferably within a period of two months from the next date fixed in the matter, namely, 14th December, 2011.
(3) For the period up to 26.3.2012 or till the disposal of the Injunction Application by the Trial Court, whichever is earlier, the ex-parte Injunction Order dated 31st May, 2010 would continue to remain operative.
Therefore, without going into the merits of the Appeal, the Appeal is disposed of with the aforesaid directions.
Order Date :- 24.11.2011 Ajeet