Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7699 of 2018 Petitioner :- Mohammad Shamim Respondent :- Basudeo And 2 Others Counsel for Petitioner :- R.B. Singh,Manoj Kumar Verma
Hon'ble Manoj Misra,J.
The instant application has been filed challenging the order dated 16.11.2017, passed by the Incharge Civil Judge (Junior Division) Kasya, Kushinagar in Suit No. 1738 of 2017, by which an ex parte injunction has been granted.
Against the order of injunction, even if it is ex parte, an appeal lies under Order 43 Rule 1(r) of the Civil Procedure Code. Other than that the aggrieved party is entitled to file application under Order 39 Rule 4 of the Code of Civil Procedure for vacation of the ex parte order.
Under the circumstances, this petition is misconceived. The petitioner may take recourse to appropriate legal remedy.
Subject to above, the petition is dismissed. Order Date :- 29.10.2018 Pkb/