This First Appeal From Order is directed against an order dated 07th June, 2010, whereby the order dated 03.09.2008 passed pending disposal of the temporary injunction application 6-C has been withdrawn in exercise of power under Order 39 Rule 4 C.P.C., as applicable in the State of Uttar Pradesh, on the ground that the plaintiff is attempting to delay the proceedings.
Various facts and pleas have been raised for questioning the order so passed. However, I am not inclined to enter into the issues raised at this stage. In the opinion of the Court interest of justice would be served by providing that the temporary injunction application 6-C be placed before the Court concerned for consideration on 05th July, 2010, which is the date fixed in the matter as per the statement of the counsel for the parties. The trial court is requested to pass a final order on the said date on 6-C application after hearing the parties. No unnecessary adjournment shall be granted to either of the parties. It is ordered accordingly.
This First Appeal From Order is disposed of.
Order Date :- 22.6.2010 Pkb/