Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 580 of 2019 Petitioner :- Mithlesh Kumari Respondent :- Virendra Patel And 4 Others Counsel for Petitioner :- Krishna Kumar Mishra
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 28.8.2018 passed by the first appellate court in Miscellaneous Civil Appeal No. 69 of 2018 which has arisen out of an order dated 17.7.2018 passed under Order 43 Rule 1 and sub Rule (r) and Section 104 in Original Suit No.506 of 2018.
Perusal of record indicates that the said appeal have been filed against the order of rejection of temporary injunction application. The claim of the petitioner to seek ex-parte injunction in the present petition, cannot be entertained.
Only submission of learned counsel for the petitioner to assail the order of the first appellate court in not granting ex-parte interim injunction is that such an injunction was granted by the trial court. However, it is not disputed that the trial court has returned the findings on three ingredients for grant of temporary injunction, i.e. on prima facie case, balance of inconvenience and irreparable loss and that these ingredients could not be made out by the plaintiff.
In the said scenerio, it cannot be said that the first appellate court was under obligation to grant ex-parte interim injunction while admitting the miscellaneous appeal on 28.8.2018.
No interference is required.
The first appellate court is directed to make an endeavour to decide the said appeal, as expeditiously as possible.
Subject to the above observations and directions, the present petition is dismissed.
Order Date :- 22.2.2019 Harshita