The grievance of the petitioner is that an exparte order of injunction has been passed as per Ext.P8 restraining the petitioner from carrying on further construction which he claims to be in his property. It is further pointed out that after entering appearance, detailed counter has been filed in the interlocutory application filed by the plaintiff but the matter has not been heard so far and it now stands posted to 06.01.2015. The petitioner has pointed out that considerable loss and injury is caused to him due to the postponement of hearing in the interlocutory application. It is also contended that in the counter affidavit filed by the petitioner, he has specifically undertaken that if ultimately it is found that any portion of the construction carried on by him encroached into the property belonging to the plaintiff, he will unconditionally remove the same. Under these O.P.(C) No. 3041 of 2014 -2-
circumstances, according to the learned counsel, I.A.No. 3380/2014 ought to have been heard earlier, at any rate, this Court may direct that the matter be heard on 06.01.2015, the date on which the case stands posted for hearing.
2. In the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.
As per the provisions of the C.P.C., once an exparte order is issued, interlocutory application will have to be heard within a period of 30 days. Whatever that be, the petitioner has filed his counter and the matter now stands posted to 06.01.2015, the court below will positively hear the matter on merits on that day and dispose of the same within a period of one month from that day.
ds //True copy// Sd/- P.BHAVADASAN JUDGE P.A. to Judge