1. The petitioners herein are original plaintiff in whose favour the trial court in Regular Civil Suit No. 421 of 2009 granted the order of injunction on 5th October 2011. Aggrieved by that order the respondent herein the original defendant preferred Misc. Civil Appeal No. 119/2011. An application for injunction was also moved and the Court after hearing the learned advocate for the respondent stayed the operation of order passed by the Additional Senior Civil Judge in Regular Civil Suit No. 421 of 2009 till further order.
2. This petition is preferred under Article 227 of the Constitution of India mainly being aggrieved by the ex-parte order of injunction staying operation of the order of the trial court. Learned advocate for the petitioner urges that there was a caveat and yet petitioner was not heard and such order was passed. He also further stated that the interim injunction was granted in favour of the petitioner plaintiff from the initiation of the suit proceedings and after bipartite hearing such order was passed, learned advocate for the respondent points out to the Court that the application for caveat was not preferred before the District Court but before Senior Civil Judge otherwise there was no reason as to why the petitioner would not be heard as nobody knew about the caveat. In any case she further urged that the appeal is already pending before this Court and therefore this petition may not be entertained.
3. Thus having heard learned advocate for the parties and having examined the material it gets noticed that Misc. Civil Appeal No. 119/2011 is pending. After issuance of the notice the said appeal the petitioner herein appeared before the Court and also moved an application for vacating the stay below Exh. 11 which is also pending and therefore this petition preferred challenging ad interim injunction by staying the operation of the order, in the opinion of this Court is not to be entertained. It is prematurd for this Court to decide that as the petitioner has already moved before the Appellate forum. The Appellate court shall appropriately adjudicate the disputes between the parties after affording due opportunity to both the sides.
4. This petition stands disposed of accordingly.
5. No opinion is expressed by this Court on merits, none of the observations made above shall come in the way. Learned advocate for the petitioner urges this Court for directing expeditious hearing of the appeal. Parties themselves can choose to so do it and the Court concerned may aptly consider the same in light of exparte order. This Court expresses no opinion on merits.
(Ms.
Sonia Gokani,J.) mary// Top