Court No. - 6
Case :- MATTERS UNDER ARTICLE 227 No. - 3049 of 2019 Petitioner :- Jumman Respondent :- Hamid Ali And 5 Others Counsel for Petitioner :- Kshitij Shailendra
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner.
The petitioner is aggrieved by the order passed by the Civil Judge (Junior Division) in Original Suit No. 82 of 2019 refusing to grant ex parte injunctive relief and issuing notices to the defendants therein.
According to the petitioner the defendants in the suit have been duly served by way of registered notices. The petitioner is constrained to approach this Court since evidently certain sale deeds have come to be executed by the defendants after the Court had refused to grant ex parte relief.
Accordingly and bearing in mind the nature of submissions which are made this Court directs the Court of the Civil Jude (Junior Division) Sant Kabir Nagar to take up the application for grant of injunction as moved by the petitioner on the date fixed and endeavour to dispose of the same on that date itself subject to there being no other legal impediment. The Court further grants liberty to the petitioner to approach the concerned Court for grant of ex parte relief if it finds that the defendants have not been duly served. It is however clarified that this Court has not examined the merits of the claim of the plaintiff-petitioner.
Order Date :- 25.4.2019 LA/-