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Judgment
6 paragraphs · 231 wordsManoj Kumar Tiwari, J
Petitioner is aggrieved by the order dated 18.08.2021 passed by Civil Judge (J.D.), Haridwar in Original Suit No. 215 of 2021. By the said order, learned trial court issued notices on the temporary injunction application fixing 28.08.2021.
This Court does find any infirmity in the order impugned in the writ petition. Order 39 Rule 3 C.P.C. ordains that grant of ex-parte temporary injunction is an exception and issuance of notice is a Rule before granting any ex-parte temporary injunction.
Learned counsel for the petitioner submits that steps for affecting service upon defendants to the suit have been taken and he further assures the Court on behalf of his client that all necessary steps would be taken by the petitioner to ensure that all the defendants are served on or before the next date fixed in the matter.
Having considered the facts and circumstances of the case, the writ petition is disposed of with a request to learned trial court to decide petitioner's temporary injunction application on the next date of listing or any other date within six weeks thereafter.
For a period of six weeks or till decision is taken on temporary injunction application, whichever is earlier, status quo qua the property in question shall be maintained by the parties and they shall not create any third party interest over the same.