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Judgment
10 paragraphs · 183 wordsManoj Kumar Tiwari, J
Petitioner has filed a suit for temporary injunction in the Court of learned Civil Judge (Senior Division), Rishikesh, District Dehradun, which is
registered as Original Suit No. 22 of 2021. He has also filed an application seeking temporary injunction. Since learned trial Court has issued notices
on the temporary injunction application, therefore, petitioner has approached this Court contending that, having regard to the facts of the case, learned
trial Court ought to have granted ex-parte temporary 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.
However, having regard to the facts & circumstances of the case, learned trial Court is requested to consider petitioner’s temporary injunction
application and decide the same on the next date fixed i.e. on 06.09.2021 or any other day within four weeks thereafter.
The writ petition is, accordingly, disposed of.