Gurmeet Singh And 3 Others vs Civil Judge And 3 Others
2017 Latest Caselaw 5772 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 
Case :- MISC. SINGLE No. - 3018 of 2008
 
Petitioner :- Gurmeet Singh And 3 Others
 
Respondent :- Civil Judge And 3 Others
 
Counsel for Petitioner :- S.M.K.Chaudhary,Girish Chandra Sinha,Mayank Sinha
 
Counsel for Respondent :- C.S.C.,Mohan Singh,Mohd.A. Khan
 

 
Hon'ble Sanjay Harkauli,J.

1. Heard learned counsel for petitioner as also learned counsel for opposite parties no. 2 and 3 and learned counsel for State representing opposite parties no. 1 and 4.

2. An ad-interim injunction was granted in favour of plaintiff in regular suit no. 248 of 2008. This order was subjected to challenge before this Court by means of this writ petition and said interim injunction was stayed on the ground that certain relevant facts were deliberately concealed by the plaintiff prima facie.

3. Learned counsel for petitioner fairly concedes that the interim injunction application is yet to be finally disposed of on merit and if he is able to show deliberate concealment of relevant fact before learned Trial Court and that factum is taken into account, he has nothing further to pray by means of this writ petition.

4. In the aforesaid circumstances, it would be appropriate that the learned Trial Court proceeds with to finally adjudicate the interim injunction application at an early point of time and further that the operation of ad-interim injunction as granted in the suit shall remain stayed till the injunction application is finally disposed of. The Trial Court is directed not to grant any unnecessary adjournment to any of the sides with regard to final disposal of ad-interim injunction application.

5. With the aforesaid observation, this writ petition is finally disposed of. This order shall be subject to application under Section 10 C.P.C in case the said application is found fit to be allowed.

Order Date :- 25.10.2017

Pachhere/-