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Judgment
14 paragraphs · 235 wordsManoj Kumar Tiwari, J
Petitioner filed Civil Suit No. 188 of 2021 for permanent injunction, in the court of Civil Judge (J.D.), Haridwar. He also filed an application seeking
temporary injunction. Learned trial court issued notices on the temporary injunction application fixing 7.08.2021. Thus, feeling aggrieved, petitioner has
approached this Court challenging the order dated 27.07.2021.
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 defendants to the suit have been served and the next date fixed is 07.08.2021.
Since petitioner’s temporary injunction application is pending, learned trial Court is requested to decide the same on the next date fixed i.e.
7.08.2021 or any other date within four weeks thereafter.
The writ petition is, accordingly, disposed of.
Let a certified copy of this order be issued today itself.