Heard learned counsel for the petitioners.
In view of the order proposed to be passed, notices need not go to the private respondents.
The petitioners have preferred present petition under Article 227 of the Constitution of India to set aside the impugned order dated 23.11.2020 passed by Civil Judge (S.D.), Firozabad in Original Suit No.541 of 2020 (Anil Paliwal & others Vs. Wakar Ahmad and others).
It is argued by counsel for the petitioners that suit no.541 of 2020 was filed by one Anil Paliwal and others against the present petitioners. Along-with the said suit an application for grant of interim injunction was also filed. On the said application an ex-parte interim injunction was granted by the Civil Judge (S.D.), Firozabad vide its order dated 23.11.2020. To vacate the same an application was filed by the present petitioners before the court below on 16.12.2020, copy of which is appended as annexure 5 to the writ petition. It is further argued that injunction granted in favour of the respondent is illegal and against the settled principles of law. It is further argued that while granting the interim injunction nothing has been stated by the trial court regarding prima facie case, balance of convenience or irreparable loss. The aforesaid order is absolutely illegal and in complete violation of principles narrated in the Code of Civil Procedure. It is further argued that though an application in order to vacate the aforesaid ex-parte interim injunction was filed but till date no decision has been taken on the same.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the Civil Judge (S.D.), Firozabad to pass appropriate orders on the said application in accordance with law, preferably, on the next date fixed in the matter after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application preferably within a period of one month, thereafter.
Order Date :- 28.1.2021 Pramod Tripathi