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2015 DIGILAW 2616 (ALL)

Mritunjay v. Civil Judge (J. D. ) Shahganj

2015-08-26

MANOJ KUMAR GUPTA

body2015
JUDGMENT Manoj Kumar Gupta, J. The prayer made in this petition is for quashing the order dated 14.7.2015, whereby the trial court issued notices to the defendants on the application for temporary injunction and refused to grant exparte ad interim injunction. A further prayer has been made for a direction to the trail court to pass an appropriate order restraining respondents no. 2 to 4 from interfering in the peaceful possession of the petitioner to the extent of his one-third share in the suit property. 2. Original Suit No. 814 of 2015 has been instituted by the petitioner against the defendant-respondents for permanent prohibitory injunction in respect of his one-third share in the suit property. On 14.7.2015, the day on which suit was instituted, the petitioner also filed an application for temporary injunction and prayed for grant of exparte injunction. The trial court after considering the pleadings and the material on record held that the parties to the suit are joint tenure-holders and they seems to be in joint possession and thus refused to grant ex-parte injunction. The trial court fixed 13.8.2015 for consideration of the application for temporary injunction. 3. After going through the order passed by the trial court, this Court does not find any jurisdictional error or any miscarriage of justice, which may warrant interference therewith in exercise of supervisory power under Article 227 of the Constitution. Admittedly, the application for temporary injunction is still pending consideration before the trial court. Learned counsel for the petitioner states that on 13.8.2015, the injunction application could not be disposed of. 4. Be that as it may, since the application for temporary injunction is still pending, it shall open to the petitioner to press the same. It is desirable that the trial court decides the application for temporary injunction expeditiously by fixing short dates, provided the service is duly effected on the defendants. With these observations, this petition stands disposed of.