Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6694 of 2019 Petitioner :- Satish Chandra Jaiswal Respondent :- Civil Judge And 13 Others Counsel for Petitioner :- Upendra Upadhyay,Kamleshwar Singh Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 20.8.2019 passed by the trial court in Original Suit No.224 of 2019 declining to grant ad interim exparte injunction in favour of the plaintiff-petitioner.
The trial court has observed that the principal relief claimed in the suit is for cancellation of a registered sale deed. It has come to the conclusion that it is not a fit case for grant of exparte ad interim injunction. Consequently, it had issued notice to the defendants inviting objections against the application for temporary injunction fixing 5.9.2019 as the next date.
Upon being asked by the Court to show as to how the matter was so urgent as to entitle the plaintiff to an exparte interim injunction, learned counsel for the petitioner referred to paragraph 10 of the plaint. In the said paragraph, the assertion made is that the plaintiff requested the defendants to get the sale deed cancelled themselves and not interfere in his possession nor carry out any demolition but the defendants refused to accept his request. No material was brought on record by the plaintiff in support thereof.
In such view of the matter, this Court finds no illegality in the impugned order to warrant interference in exercise of supervisory power under Article 227 of the Constitution. The injunction application is still pending. The trial court shall endeavour to decide the injunction application expeditiously, soon after the defendants are duly served, without being influenced by any observation made in the instant order.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 27.9.2019 SL