Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 1628 of 2019 Appellant :- Maruf Respondent :- Fatma Nadeem Tareen Counsel for Appellant :- Divakar Rai Sharma
Hon'ble Dr. Kaushal Jayendra Thaker,J.
1. Heard Sri Divakar Rai Sharma, learned counsel for appellant and perused the record.
2. The present appeal challenges the ex parte interim injunction granted by the court below in suit preferred by the present respondent, Fatma Nadeem Tareen being original suit No. 290 of 2019 dated 26.04.2019.
3. Notice was ordered to be issued to the present appellant making it returnable on 15.05.2019. This appeal under Order 43 Rule 1(r) of C.P.C. has filed contending that the plaintiff claimed to have purchased the land of Khasara No. 138 having an area 1859 Sq. Yard by means of sale deed dated 27.04.2006 and sought a decree of permanent prohibitory injunction but the trial Court while granting ex parte injunction have granted final relief to the plaintiff which is illegal. The plaintiff has made attempt to demolish the construction of appellant standing on Khasara plot No. 128 and have filed the present on false ground that the defendant is interfering in her possession. The appellant have purchased 736.01 Sq. Yard from Gul Mohar Sahkari Avas Samiti Limited by means of registered sale deed and subsequently raised construction by constructing boundary wall, room and installing iron gate which has been illegally demolished by bhumafia sponsored by the plaintiff.
4. All these facts could have very well be agitated before learned Civil Judge who was seized with the matter he could very well listed the matter if an application was filed by the appellant herein. The Supreme Court in catena of decisions have held that the High Court should be loath in exercising jurisdiction against ex parte and interim relief granted without the full record being available with the Court.
5. While going through the order, I do not think that any case is made out to show that there is so much extraordinary urgency in the matter so as to come in the High Court. The appellant very well could have move the court below.
6. In that view of the matter, this appeal is dismissed. The appellant may move before the Trial Court for expeditious disposal of injunction application.
Order Date :- 31.5.2019 Shubhankar