Heard Sri Pankaj Agrawal, learned counsel for the petitioner.
The petitioner by means of this writ petition wants extension of the interim injunction order which was passed in the suit and was expiring on 8.1.2014 on the allegation that on the said date he had filed an application for extending the stay order but the court after hearing the parties only passed the order on the application of the respondents to recall the order to proceed ex-parte. The petitioner thereafter on the next date fixed ie. 22.1.2014 filed another application for extension of the interim injunction which was directed to be kept on file fixing 6.2.2014. On the next date the court the rejected the application to extend the interim injunction on the ground that the injunction has expired on 8.1.2014 and the petitioner has not filed any application for its extension on the said date.
The argument is that the rejection order dated 6.2.2014 is based upon the incorrect facts, in as much as, the petitioner had applied for extension of the interim injunction on 8.1.2014 and it was the court who had failed to consider and pass the order on it.
The certified copy of the application filed by the petitioner on 8.1.2014 for extending the interim injunction order has been filed as annexure 7 to the petition.
It shows that the petitioner has moved application on 8.1.2014 for extension of interim injunction and the court is not right in holding otherwise.
It is thus apparent that the court below has declined to extend the interim injunction on a factually incorrect premise.
In view of the aforesaid facts and circumstances and as the respondents have already put in appearance in the suit, the petition is disposed of with the direction to the court below to consider and decide the interim injunction application of the petitioner strictly in accordance with the mandate of Order 39 Rule 3-A CPC with the outer limit of three months and for a period of one month from today or till the application is decided, whichever is earlier, the interim injunction which was granted in the suit and is said to have expired on 8.1.2014 shall continue to operate.
Petition disposed of.
Order Date :- 27.2.2014 SKS