Heard Mr. HS Tolia, Ld. Advocate for the applicant/appellant and perused the relevant papers annexed in the AO proceedings.
2. Having considered the submissions advanced by Mr. Tolia, Ld. Advocate for the applicant and relevant papers, it transpires that the trial Court, vide first order dated 4/4/2009 passed below application exh. 5, directed both the parties to maintain status-quo position. It is submitted that, that order continued till 6/2/2012, the date on which the trial Court passed the impugned order, whereby the application exh. 5 came to be dismissed and the earlier order directing both the sides to maintain status-quo came to be vacated. Mr. Tolia, Ld. Advocate for the applicant submitted that as soon as the trial Court passed the impugned order dismissing the application exh. 5 for temporary injunction, on behalf of the applicant, an application was filed before the trial Court requesting continuance of the earlier order dated 4/4/2009 so as to enable the applicant/appellant to prefer the appeal and it is submitted that the trial Court extended said order upto 14/3/2012 i.e. upto today.
3. In above view of the matter, NOTICE returnable on 16/04/2012. In the meanwhile, the initial order dated 4/4/2009 passed by the trial Court below application exh. 5 in Special Civil Suit No. 196/2009 directing both the sides to maintain status-quo shall continue. Over and above regular service, service by speed post is permitted.
(J.C.UPADHYAYA, J.) * Pansala.
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