Adwin vs Inamwell And Others

Manoj Kumar Tiwari, J

Learned counsel for the petitioner undertakes on behalf of his client to file hardcopy of the affidavit and Vakalatnama with physical signatures of

the petitioner, within two weeks from today.

In view of the undertaking given by learned counsel for the petitioner, Exemption Application (I.A. No. 2 of 2021) stands disposed of.

Petitioner filed a suit for partition. He also filed an application seeking temporary injunction. Learned trial Court issued notices on the temporary

injunction application fixing 03.08.2021. Thus, feeling aggrieved, petitioner has approached this Court challenging the order dated 23.07.2021.

It is the contention of learned counsel for the petitioner that, having regard to the facts & circumstances of the case, learned trial Court ought to

have granted ex-parte interim injunction order in favour of the petitioner.

This Court does find any substance in the contention raised on behalf of the petitioner. Order 39 Rule 3 C.P.C. provides that grant of ex-parte

temporary injunction is an exception and issuance of notice is a Rule before granting any ex-parte temporary injunction.

In such view of the matter, this Court does not find any infirmity in the order impugned in the writ petition.

Learned counsel for the petitioner submits that the co-sharers in the property, which is subject matter of partition suit, are likely to create third party

interest, which may lead to complications in future.

The said submission is also without any force, as any transfer made by the co-sharers is subject to doctrine of lis pendens as incorporated in

Transfer of Property Act.

Since petitioner’s temporary injunction application is pending, learned trial Court is requested to decide the same as early as possible, preferably

within a period of four weeks’ from the date of production of certified copy of this order.

The writ petition is, accordingly, disposed of.

Let a certified copy of this order be issued today itself.