Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6462 of 2019 Petitioner :- Sri Jagveer Singh And 3 Others Respondent :- Sri Suresh Chand Sharma And 2 Others Counsel for Petitioner :- Praveen Yadav,Sushil Jaiswal
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the trial court to decide the application for interim injunction pending in Original Suit No. 248 of 2019 within a stipulated period and restrain the respondents from raising constructions over the suit property till the disposal of the application for interim injunction.
A perusal of the order-sheet reveals that the trial court by order dated 30.05.2019 declined to grant ex parte injunction. The trial court issued notices to the defendants inviting objection against the application for temporary injunction. The order dated 30.05.2019 declining to grant ex parte injunction is not under challenge. It also appears from the order-sheet that on 30.05.2019 the plaintiffs themselves were absent though the defendant was present. Again on 07.08.2019 the parties were not present.
Having regard to the above facts, the instant petition is disposed of by providing that in case plaintiffs are interested in disposal of application for temporary injunction they should ensure their presence before the trial court on the next date. In that event the trial court shall endeavour to decide the application for temporary injunction expeditiously by fixing short date.
Order Date :- 27.8.2019 VR (Manoj Kumar Gupta, J.)