WPMS/476/2021
2021 Latest Caselaw 3092 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
         ON THE 13TH DAY OF AUGUST, 2021
                            BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


      WRIT PETITION (M/S) No. 476 of 2021

BETWEEN:

Naeem Khan.                                    ..........Petitioner
      (By Mr. Avidit Noliyal, Advocate)

AND:
Angesh Kumar Singh.                            ....Respondent
      (By Mr. Nikhil Singhal, Advocate)


                           JUDGMENT

Petitioner had filed a suit for injunction alongwith temporary injunction application. Learned trial Court vide dated 25.01.2021 issued notices on the temporary injunction application fixing 05.02.2021, 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. This Court vide order dated 15.03.2021 had directed the parties to maintain status quo in relation to the property in question.

4. Learned counsel for respondent submits that, after passing of the interim order by this Court, learned trial Court considered petitioner's temporary injunction application and granted temporary injunction in favour of the petitioner vide order dated 26.03.2021. He thus submits that, after grant of temporary injunction by learned trial Court, this writ petition has become infructuous.

5. This Court concurs with the submission made on behalf of the respondent. Since learned trial Court has considered and decided petitioner's temporary injunction application on merit, therefore, no useful purpose would be served by keeping this writ petition pending.

6. Accordingly, the writ petition is dismissed.

7. There will be no order as to costs.

(MANOJ KUMAR TIWARI, J.) Arpan