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2014 DIGILAW 3521 (ALL)

Ram Naresh v. Civil Judge, (Junior Division), Haveli, District Faizabad

2014-11-26

DEVENDRA KUMAR UPADHYAYA

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JUDGMENT Devendra Kumar Upadhyaya, J. Heard learned counsel for the petitioner. 2. These proceedings under Article 226 of the India, the petitioner has assailed the order dated 18.11.2014, passed by the Civil Judge, (Junior Division), Haveli, Faizabad, whereby on the application moved by the petitioner-plaintiff for grant of interim injunction, notices have been ordered to be issued to the defendants and the matter has been ordered to be posted on 04.12.2014 for disposal of the same. 3. The order under challenge in this petition, being purely interlocutory in nature, need not be interfered with by this Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India. 4. However, at this juncture, learned counsel for the petitioner has submitted that in respect of the property in suit, the defendants are bent upon to dispossess the petitioner and on account of the said dispute, the parties on the spot have also been challaned under Sections 151/107/116 of Cr.P.C. and thus, it is a case for interference for grant of interim injunction. 5. As observed above, by the impugned order only notices have been issued to the defendants which fact dissuades this Court to interfere in this petition. 6. Notwithstanding the above observations, the writ petition is finally disposed of with the direction to the learned trial court to consider and decide the application made by the petitioner for grant of interim injunction on the next date fixed i.e. 04.12.2014. 7. If the notices to the defendants are not served by 04.12.2014, the learned trial court shall proceed to decide the application for grant of ex-parte interim injunction in view of the provisions contained in Order 39 Rule 3 of the CPC which permits the court below to grant ex-parte interim injunction in a situation where in the opinion of the learned trial court the object of granting injunction would be defeated by the delay. 8. Let a certified copy of this order be furnished to the learned counsel for the petitioner on payment of usual charges by tomorrow.