Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notices need not go to the private respondent.
The petitioner has preferred present petition challenging the order dated 7.9.2020 passed by the Incharge, Civil Judge (S.D.), Amroha in Suit No.263 of 2020 (Smt. Shajila Begum Vs. Hazi Moin and others) with further prayer to direct the Civil Judge (S.D.), Amroha, to decide the interim injunction application filed in Suit No.263 of 2020 (Smt. Shajila Begum Vs. Hazi Moin and others).
It is argued by counsel for the petitioner that in the suit filed by the defendant-respondent an injunction was granted by the trial court on 7.9.2020. It is argued that though the order of status quo has been granted by the trial court but the aforesaid order was passed without hearing the counsel for the defendant in the suit and without assigning any reasons. The Nagar Palika Parishad was also not impleaded as necessary defendant in the suit. The aforesaid injunction was granted without looking into the relevant statutory provisions of Code of Civil Procedure. It is further argued that as per Order 39 Rule 2(1) an injunction could only be granted in case the court is satisfied regarding prima facie case, balance of convenience or irreparable loss but without looking into the aforesaid aspect of the matter ex-parte injunction was granted . It is further argued that to vacate the interim injunction an application dated 07.09.2020, copy of which is appended as annexure 3 to the writ petition, has already been filed by the petitioner but till date no decision has been taken.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned court below to consider and decide the aforesaid application in accordance with law on the next date fixed in the matter after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application preferably within a period of one month, thereafter.
Order Date :- 10.2.2021 Pramod Tripathi