Mahayogi Pilot Baba Foundation Yog Mata Ashram vs Ilam Chand & Others

Manoj Kumar Tiwari, J

Petitioner is challenging the order dated 07.09.2021 passed by IVth Additional District Judge, Haridwar/In-charge District Judge in Misc. Civil Appeal No. 29 of 2021, whereby learned IVth Additional District Judge has issued notices to the respondents in Appeal fixing 12.11.2021, for admission of the Appeal.

Learned counsel for the petitioner submits that the said Appeal has been filed against refusal on the part of learned trial Court to grant temporary injunction and, having regard to the facts & circumstances of the case, learned Appellate Court ought to have granted ex-parte temporary injunction in favour of the petitioner.

This Court is not convinced by the argument raised by learned counsel for the petitioner. Order 39 Rule 3 C.P.C. provides that grant of ex-parte temporary injunction would be an exception and issuance of notice would be a Rule. More so, when learned trial Court has rejected petitioner's temporary injunction application by a reasoned order, then grant of ex-parte injunction would not be proper. Thus, no interference with the impugned order would be warranted in the facts & circumstances of the case.

Learned counsel for the petitioner submits that all the respondents to the Appeal have been served and a statement to this effect has also been made in paragraph no. 12 of the writ petition.

In such view of the matter, the writ petition is disposed of with a request to learned Appellate Court to consider petitioner's Appeal on 28.10.2021, provided all the respondents in the Appeal are served.

Petitioner's counsel undertakes on behalf of his client to take fresh steps for effecting service of notice upon the respondents in the Appeal in respect of the new date of hearing i.e. 28.10.2021.

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