Heard learned counsel for the petitioner.
The sole grievance of the petitioner is that trial court has wrongly and illegally refused to grant exparte temporary injunction and only issued notice. Trial court after being satisfied with the averment and material brought on record by the plaintiff that it was not a fit case to grant exparte temporary injunction issued notice to the defendant.. It has also been brought to the notice of the Court that next date fixed in the suit is 8.6.2010 In view of the above, there is hardly any reason or occasion for this Court to interfere with the discretion exercised by the trial court at this stage. The writ petition accordingly fails and stands dismissed.
However, considering the facts and circumstances, the trial court is directed to decide the temporary injunction application on the next date fixed i.e. 8.6.2010 in accordance with law after notice and opportunity of hearing to all concerned. However, if for any unforeseen reason, trial court is not able to dispose of the same on the date fixed, it shall decide the same positively before the Civil Courts are closed for vacations.
Order Date :- 28.5.2010 Dcs