Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 6930 of 2018 Petitioner :- Dr. Yogesh Sharma Respondent :- Smt. Kamlesh Kumari Verma @ Kela Devi And Another Counsel for Petitioner :- Rakesh Tripathi
Hon'ble Mahesh Chandra Tripathi,J.
Plaintiff-petitioner is before this Court assailing the order dated 10.5.2018 passed by Civil Judge (Junior Division) Kol, Aligarh on application 7C2 filed by the plaintiff-petitioner under Order XXXIX Rule 1 and 2 read with Section 151 C.P.C. in Suit No. 273 of 2018(Dr. Yogesh Sharma Vs. Smt. Kamlesh Kumari Verma), whereby only notice has been issued to the defendant-respondent instead of granting temporary injunction.
Once, the notice has been issued to defendant-respondent and the matter is likely to come up before the Court concerned on 12.10.2018, in such a situation, this Court is not inclined to interfere in the order impugned but at the same, the Court is of the considered opinion that the injunction application 7C2 must be decided expeditiously and preferably on the next date fixed.
A Constitution Bench of Hon'ble the Apex Court in Kihoto Hollohan v. Zachillhu & Ors., 1992 Supp (2) SCC 651 at para 126 has observed as under:-
"The purpose of interlocutory orders is to preserve in status-quo the rights of the parties, so that, the proceedings do not become infructuous by any unilateral overt acts by one side or the other during its pendency. One of the contentions urged was as to the invalidity of the amendment for non-compliance with the proviso to Article 368(2) of the Constitution. It has now been unanimously held that Paragraph 7 attracted the proviso to article 368(2). The interlocutory orders in this case were necessarily justified so that, no land-slide changes were allowed to occur rendering proceedings ineffective and infructuous."
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the writ petition stands disposed of asking the court concerned to decide the injunction application 7C2 in the suit in question preferably on the next date fixed but in any case within one month thereafter but certainly after giving opportunity to the parties concerned and without granting any unnecessary adjournment to either of the parties.
Order Date :- 19.9.2018 A.K.Srivastava