Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7167 of 2019 Petitioner :- Mandir Shri Bhagwan Laxmi Narain Ji And Another Respondent :- Sri Mohammad Shaqueel And 10 Others Counsel for Petitioner :- Pramod Kumar Srivastava,Deepak Singh
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the court below to decide application for temporary injunction pending in Original Suit No. 1192 of 2019 expeditiously and in the meantime protect the interest of the petitioners which is in danger on account of wrongful act of the defendants-opposite parties by passing an appropriate ad-interim injunction.
The trial court, by order dated 20.09.2019 has declined to grant ad-interim ex- parte injunction being of the opinion that it is not a fit case for grant of ex-parte injunction. The trial court by the same order invited objections from the defendants against the application for temporary injunction and has fixed 11.10.2019 for disposal of the application for temporary injunction.
Counsel for the petitioners has submitted that the defendants are demolishing the suit property and, therefore, the court below erred in declining to grant ad- interim ex-parte injunction.
The order passed by the trial court dated 20.09.2019, declining to grant ex-parte injunction is not under challenge. The application for temporary injunction is still pending before the trial court. The defendants have yet not entered appearance in the proceedings.
In the above facts and circumstances, no good ground is made out for passing any ex-parte injunction order in favour of the petitioners in exercise of supervisory power under Article 227 of the Constitution of India. However, the petition is disposed of by directing the trial court to decide the application for temporary injunction expeditiously soon after the defendants are duly served.
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(Manoj Kumar Gupta, J) Order Date :- 27.9.2019 sailesh