Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 8983 of 2019 Petitioner :- Devshree Vikas Samiti Respondent :- Additional Civil Judge (S.D.) Allahabad And 39 Others Counsel for Petitioner :- Aditya Bhushan Singhal,Saumya Anand Dubey,Udai Karan Saxena(Senior Adv.) Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 14.11.2019 to the extent it declines to grant exparte injunction in favour of the plaintiff-petitioner in Original Suit No.472 of 2019 and for a further direction restraining the respondents 2 to 40 from transferring or alienating the suit property or from evicting the plaintiff-petitioner therefrom.
The trial court, after considering the documentary evidence brought on record, has declined to grant exparte injunction. It has observed in the impugned order that the name of the vendees is recorded in the Khatauni. The suit is for cancellation of various sale deeds executed in favour of the defendants and for permanent injunction. The trial court has issued notices to the defendants, inviting objection against the application for temporary injunction and had fixed 10.12.2019 for deciding the application for temporary injunction after hearing the parties.
Counsel for the petitioner states that on 10.12.2019, there was lawyers' strike, therefore, the matter got adjourned on that date and now, 23.12.2019 is fixed. He further states that steps have already been taken to serve the defendants.
After going through the plaint assertions, I do not find any illegality in the order of the trial court declining to grant exparte injunction. However, in the facts and circumstances of the instant case, it is desirable that the application for temporary injunction should be disposed of expeditiously.
Accordingly, the instant petition is disposed of with direction to the trial court to decide the application for temporary injunction expeditiously, preferably within a period of eight weeks from the date service upon the defendants is effected.
(Manoj Kumar Gupta, J) Order Date :- 17.12.2019 SL