WPMS/1643/2021
2021 Latest Caselaw 3345 UK

     IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL
         ON THE 18TH DAY OF AUGUST, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
         Writ Petition (M/S) No. 1643 of 2021


BETWEEN:

Smt. Pramila Devi                               ...Petitioner
     (By Mr. Nikhil Singhal, Advocate)

AND:

Ruchi Rohila and another                     ...Respondents

     (There is no representation for the respondents)

                      JUDGMENT

Petitioner has filed a suit for temporary injunction in the Court of learned Civil Judge (Junior Divisoin), Haridwar, which is numbered as Original Suit No. 180 of 2021. Since learned trial Court has issued notice on the temporary injunction application filed by the petitioner fixing 29.07.2021, therefore, petitioner has approached this Court challenging the said order dated 20.07.2021.

2. Learned counsel for the petitioner submits that this was a fit case, in which, ex-parte temporary injunction ought to have been granted and learned trial Court erred in refusing to grant ex-parte interim order.

3. This Court is not convinced by the said submission. The order passed by learned trial Court is

in consonance with the provisions contained in Order 39 Rule 3 C.P.C, which mandates that ex-parte temporary injunction may be granted only in exceptional cases, that too, after recording reasons and normally notices have to be issued before grant of temporary injunction.

4. However, having regard to the facts and circumstances of the case, the writ petition is disposed of with a request to the learned trial Court to consider petitioner's temporary injunction application on the next date fixed i.e. 26.08.2021 or any other day within four weeks thereafter. Petitioner shall effect personal service of the notice issued by the trial Court upon the defendants within ten days.

5. Till order on the temporary injunction application of the petitioner or till 28.09.2021, whichever is earlier, parties shall maintain status- quo, qua the property in dispute.

(MANOJ KUMAR TIWARI, J.) Shubham