Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9608 of 2018 Petitioner :- Sheetala Prasad Respondent :- Abhimanyu Prasad Pandey And 3 Others Counsel for Petitioner :- Ravindra Kumar
Hon'ble Mrs. Sunita Agarwal,J.
The prayer in the present petition is to issue a direction to the court below to decide the temporary injunction application (6-C application) in Original Suit No.235 of 2017 (Sheetala Prasad v. Abhimanyu & Ors.) pending since 1.5.2017.
A perusal of the record indicates that there are three defendants in the aforesaid suit. The notice upon the defendants was issued on 1.5.2017 fixing 16.5.2017 for hearing on application 6-C i.e. the temporary injunction application.
In none of the paragraphs of the present petition, it is indicated by learned counsel for the petitioner that the plaintiff/petitioner had taken steps for service of summons upon the defendants. From the perusal of the order sheet, it is evident that no satisfaction has been recorded by the court below with regard to service of summons upon the defendants. Mere assertion in the order sheet that the parties are absent would not be sufficient to issue any direction. On a pointed query made by the Court, learned counsel for the petitioner is not in a position to inform as to whether steps have been taken for service of summons upon the defendants.
In view of the aforesaid, no direction can be issued. However, it is expected that the court below shall decide the temporary injunction application after satisfying itself about the service of summons upon the defendants.
The present petition is, accordingly, dismissed. Order Date :- 22.1.2019 Jyotsana