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2015 DIGILAW 2461 (ALL)

Gayatri Sharma v. Ramesh Chandra Sharma

2015-08-18

MANOJ KUMAR GUPTA

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JUDGMENT Manoj Kumar Gupta, J. The prayer made in this petition is for setting aside the order dated 1.7.2015, whereby the trial court has refused to grant exparte injunction, being of the opinion that the defendants are required to be heard before deciding the application for temporary injunction. 2. The petitioners have instituted a suit for permanent prohibitory injunction and for cancellation of registered sale deed dated 20.5.2015. According to the plaint assertions, defendant no.1 in collusion with defendants no.2 and 3 has succeeded in obtaining a sale deed from plaintiff no.2, while he was in a state of intoxication. The plaintiffs have alleged that the sale deed is without consideration and have sought its cancellation. 3. The trial court finding that there is a registered sale deed in favour of the defendant, has held that an exparte injunction does not deserve to be granted without hearing the defendants. 4. This Court does not find any error in the view taken by the trial court, as admittedly there is a registered document in favour of the defendants, of which cancellation is being sought by the plaintiffs. However, in the facts and circumstances of the case, it is desirable that the application for temporary injunction is decided by the trial court expeditiously. 5. Accordingly, it is directed that the trial court shall make all endeavour to decide the application for temporary injunction expeditiously subject to the service of summons being effected on the defendants. 6. With these observations, the petition stands disposed of.