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2010 DIGILAW 2537 (PNJ)

Budh Singh v. Hakam Singh

2010-09-06

ALOK SINGH

body2010
JUDGMENT Mr. Alok Singh, J. (Oral):- Present petition is filed challenging the judgment dated 10.10.2008 passed by Addl. Civil Judge, Sr. Division, Bathinda as well as judgment dated 1.9.2009 passed by Addl. District Judge, Bathinda, thereby vacating ad-interim order dated 3.3.2008. 2. Undisputedly, in the suit filed by the petitioners herein an ex-parte order dated 3.3.2008 was passed in the suit directing the parties to maintain status-quo. Undisputedly in a suit, defendants-respondents herein moved an application under Order 7 Rule 11 C.P.C. On 10.10.2008, learned Civil Judge vacated the order dated 3.3.2008 on the ground the reply to the application under Order 7 Rule 11 C.P.C. had not been filed. Feeling aggrieved from the order dated 10.10.2008, an appeal was preferred before the learned Addl. District Judge, Bathinda which was also dismissed vide impugned order dated 1.9.2009 by observing that appeal against the impugned order dated 10.10.2008 is not maintainable. 3. Learned Counsel for the petitioners states that application under Order 7 Rule 11 C.P.C. moved by the respondents has also been dismissed at its own merit. Learned Counsel for the petitioners rightly submitted that even if reply to the application under Order 7 Rule 11 C.P.C. was not filed, instead of vacating the order dated 3.3.2008 learned trial Court could have heard the application under Order 7 Rule 11 C.P.C. without any reply, however, learned trial Court was not justified in vacating the order dated 3.3.2008. 4. Undisputedly, civil suit is still pending and application moved by the petitioners/plaintiffs seeking ad-interim injunction is to be heard on merit. 5. In view of the above undisputed facts, I direct that parties shall maintain status-quo and learned trial Court shall decide application seeking ad-interim injunction moved by the petitioners/plaintiffs at its own merit after hearing both the parties. 6. Parties are directed to appear before the learned trial Court on 15.9.2010 for further directions. 7. Petition stands disposed of accordingly. --------------