Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9244 of 2018 Petitioner :- Rampal And 5 Others Respondent :- Rajesh Counsel for Petitioner :- Chetan Chatterjee Counsel for Respondent :- Pradeep Kumar Rai
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioner seeks to challenge the order dated 16.11.2018 whereby exparte interim injunction has been granted by the trial court till 20.12.2018, the date fixed for disposal of 6C-2 i.e. temporary injunction application.
On 17.12.2018, when the present petition was heard for admission, it was pointed out by learned counsel for the petitioner from the order sheet that the date 16.11.2018 has been overwritten by the trial court for granting exparte injunction in favour of the plaintiff of Original Suit No.995 of 2018.
Sri Pradeep Kumar Rai learned counsel for the respondent has pointed out from the order sheet dated 13.11.2018, a perusal whereof indicates that 16.11.2018 was fixed for hearing on the 6-C application when the suit was presented and registered by the trial court.
It, is therefore, evident that the interim injunction order dated 16.11.2018 was passed by the trial court on the date fixed for the purpose. The overwriting on the date, it appears, is the correction made by the Presiding Officer concerned, who had signed the order sheet.
Noticing the said fact, on a pointed query made by this Court, both the counsels inform that the temporary injunction application is still pending consideration and 12.03.2019 has been fixed by the trial court.
It is further pointed out by learned counsel for the respondent that the interim injunction order dated 16.11.2018 has not been extended further in view of the interim order dated 17.12.2018 passed by this Court. However, he undertakes that the plaintiff would not seek any adjournment on the next date fixed and request the Court to issue a direction for disposal of the temporary injunction application 6-C.
Noticing the said submission, without expressing any opinion as to the merits of the claim made by the petitioner, the present petition is being disposed of with the direction to the trial court i.e. Civil Judge (S.D) Saharanpur to decide the temporary injunction application 6- C pending in Original Suit No.995 of 2018 (Rajesh Vs. Rampal & others), preferably, on the next date fixed or on a short date to be fixed within three weeks, thereafter.
In any case, no adjournment shall be granted to any of the parties and the interim injunction order dated 16.11.2018 is extended till 12.03.2019 or disposal of the temporary injunction application within a period of three weeks as provided above.
In case, the plaintiff seeks adjournment on the next date fixed or on a further date to be fixed by the trial court for disposal of the temporary injunction application, the interim protection granted herein-above shall stand automatically vacated.
The original records of the trial court shall be returned immediately by the office through Special Messenger.
With the above observations and directions, the present petition is disposed of.
Order Date :- 28.2.2019 Himanshu