Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1238 of 2018 Petitioner :- Suresh Kumar And Another Respondent :- Mahendra Kumar Counsel for Petitioner :- Raj Kumar Dhama
Hon'ble Manoj Kumar Gupta,J.
The first prayer made in the instant petition is for setting aside the order dated 1.2.2018, by which the trial Court has granted ad interim ex-parte injunction.
A perusal of the record reveals that challenging the said order, the petitioner has filed an appeal, which has already been entertained and is pending. Consequently, the prayer made in this regard cannot be granted by this Court.
The second prayer made in the petition is for a direction to the Appellate Court to decide the stay application filed by the petitioner in the appeal. It transpires from the order passed by the Appellate Court on 16.2.2018 that on that date, the appeal was admitted and notice was issued to the opposite party to the appeal. The stay application is fixed for disposal today.
In such view of the matter, there is no need for issuing direction to the Appellate Court to decide the stay application, as it has already fixed a date for its disposal.
The third relief is for directing the parties to maintain status quo during pendency of the present petition before this Court.
This Court is of the opinion that since the stay application is yet to be considered by the Appellate Court, and therefore, this Court declines to grant any injunction, without hearing the other side.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 27.2.2018 AM/-