Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1914 of 2018 Petitioner :- Smt. Shabri Respondent :- Akbar Counsel for Petitioner :- Anil Kumar Ojha Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuance of a direction to the trial court to decide application for temporary injunction in Original Suit No.155 of 2018 within a time specified by this Court. The petitioner has also prayed for a direction restraining the respondent from alienating the suit property till the application is decided.
The suit has been filed by the petitioner. On 12.3.2018, the trial court refused to grant exparte injunction and issued notices to the defendant being of the opinion that the defendant is required to be heard. The order dated 12.3.2018 is not under challenge.
In such view of the matter, this Court is not inclined to grant any exparte injunction in exercise of power under Article 227 of the Constitution, specially when the order dated 12.3.2018 declining to grant exparte injunction is not under challenge. However, the petition is disposed of with direction to the trial court to make endeavour to decide the application for temporary injunction expeditiously, soon after service on the defendant is sufficient.
(Manoj Kumar Gupta, J) Order Date :- 28.3.2018 SL