WPMS/1558/2021
2021 Latest Caselaw 2982 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
         ON THE 10TH DAY OF AUGUST, 2021
                            BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 1558 of 2021

BETWEEN:

Preetam Gurung.                                ..........Petitioner
     (By Mr. P.S. Bisht, Advocate)

AND:
Sri Lokesh Agarwal and others.                 ....Respondents
     (There is no representation for the respondents)


                           JUDGMENT

This is plaintiff's petition against the order dated 02.08.2021 passed by learned Civil Judge (Senior Division), Dehradun in Original Suit No. 325 of 2021. By the said order, learned trial Court has issued notices on petitioner's temporary injunction application fixing 21.08.2021, therefore, petitioner has approached this Court contending that, having regard to the facts of the case, learned trial Court ought to have granted ex-parte temporary injunction order in favour of the petitioner.

2. This Court does find any substance in the contention raised on behalf of the petitioner. Order 39 Rule 3 C.P.C. provides that grant of ex-parte temporary injunction is an exception and issuance of notice is a Rule before granting any ex-parte temporary injunction.

3. However, having regard to the facts & circumstances of the case and also in view of undertaking given by learned counsel for the petitioner on behalf of his client that defendants shall be personally served within one week from today, learned trial Court is requested to consider petitioner's temporary injunction application and decide the same on the next date fixed i.e. on 21.08.2021 or any other day within three weeks thereafter.

4. The writ petition is, accordingly, disposed of.

5. Let a certified copy of this order be issued within 24 hours.

(MANOJ KUMAR TIWARI, J.) Arpan