Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7678 of 2018 Petitioner :- Himanshu Ahalawat And Another Respondent :- L.I.C. Housing Finance Limited Regional Office Jeevan Deep Bhawan And 2 Others Counsel for Petitioner :- Uma Nath Pandey
Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioners and Sri Pranjal Mehrotra for respondent no.1.
The petitioners had instituted Original Suit No.318 of 2018 and had filed an application 6-C2 for temporary injunction. The court did not consider it appropriate to grant temporary injunction without service of notice on the other side accordingly it directed issuance of notice to the defendants and fixed a date for consideration of the application. It appears that the defendants put in appearance and moved an application under Order VII Rule 11 CPC for rejection of the plaint. Thereafter the matter has remained pending.
The instant petition has been filed for grant of injunction against the defendant-respondents to restrain them from taking coercive steps against the petitioners till disposal of application 6-C2.
This Court does not find any good reason to grant injunction against the defendants, at this stage, particularly, when the matter is pending before the trial court and an objection has been taken by the defendants against the maintainability of the suit by moving application under Order VII Rule 11 CPC.
Under the circumstances, this petition is disposed of by providing that the trial court shall endeavour to take expeditious decision on the pending application 6-C2, in accordance with law, without entertaining unnecessary adjournment from the parties.
Order Date :- 29.10.2018. Rks.