Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1021 of 2019 Petitioner :- M/S Touristor Shoes Pvt Ltd Respondent :- Civil Judge And Another Counsel for Petitioner :- Ashish Kumar Srivastava Hon'ble Manoj Kumar Gupta,J.
By the instant petition, the petitioner has challenged the order dated 5.2.2019 passed by trial court in Original Suit No.8 of 2019, whereby the trial court has invited objections on the application 37-C filed by the plaintiff-petitioner for grant of temporary injunction against defendant-respondent no.2 from creating third party interest in the suit property.
The defendant-respondent has already appeared in the suit and is contesting the proceedings. Counsel for the petitioner admits that in the objection filed by the defendant-respondent it is alleged that even before institution of the suit, he has created third party interest in the suit property. The trial court has yet not decided the application 37-C but has only invited objections on the same by the order impugned.
No ground is made out to interfere with the order dated 5.2.2019. However, it is desirable in the interest of justice that the application 37-C filed by the petitioner be decided by the trial court as expeditiously as possible, without granting unnecessary adjournments to the parties.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 22.2.2019 SL