Heard learned counsel for the petitioner and perused the record.
The petitioner is before this Court, inter-alia, with the following prayers:-
i) Set aside and quash order dated 18.12.2020 passed by Addl. District Judge-IV, Banda in Civil Appeal No.62 of 2011 (Mahesh Prasad Versus Ram Deen and others (Annexure No.1 to the writ petition) and allow amendment application 55KA.
ii) Pass any other further relief which this Hon'ble Court may deem fit and proper on the fact and circumstances of the case be awarded to the petitioner.
iii) Award cost of this petition in favour of petitioners.
It appears from the perusal of record that Original Suit No.577 of 2020 was filed by the Respondent No.1, Om Prakash. In the aforesaid Original Suit, an application for grant of interim injunction was also filed. On the said application, an ex-parte interim injunction was granted by the Trial Court on 07.12.2020, copy of which is appended as Annexure No.6 to the petition. Thereafter, an application was filed by the petitioner on 18.01.2020 to vacate the interim injunction order passed by the Trial Court.
It is argued by learned counsel for the petitioner that on the aforesaid application filed by the petitioner, the court below fixed 16.02.2021 as a date for hearing. It is further argued that no decision has been taken by the Trial Court till date on the said application and the next date fixed for hearing on the aforesaid application is 03.05.2021. It is further argued by learned counsel for the petitioner that interim injunction granted by the Trial Court is absolutely against the law provided under the Code of Civil Procedure. It is further argued that neither the prima-facie case nor the balance of convenience or irreparable loss has been dealt with by the Trial Court before passing the aforesaid order. It is further argued that the order of injunction is absolutely non-speaking order. In view of the same, it is further argued by learned counsel for the petitioner that the court below be directed to decide the application dated 18.01.2021 filed by the petitioner.
In view of the order proposed to be passed, notices need not go to the private respondents.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the petitioner to file a fresh application for urgent hearing of the aforesaid application before the court below alongwith copy of this order, within a period of one week from today. In case, such an application is filed by the petitioner before the court below, the same shall be considered and decided in accordance with law within three weeks thereafter.
Order Date :- 17.2.2021 pks