"Saiyyad & Others vs Unknown
2021 Latest Caselaw 5341 UK

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                                     WPMS No.2830 of 2021
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Mohd. Safdar, Advocate, for the petitioners.

The petitioners before this Court are the plaintiffs in a Suit being Suit No.320 of 2021, "Saiyyad & others Vs. Asgar Ali", which was preferred before the court of Civil Judge, (Junior Division), Haridwar. The suit accompanied with it an application under Order 39 Rule 1 and 2 of the CPC, for the grant of temporary injunction.

However, the learned Civil Judge, (Junior Division), Haridwar, vide its judgment dated 16.11.2021, had issued the notices on the application of the petitioners under Order 39 Rule 1 and 2 of the CPC, exercising its power under Order 39 Rule 3 of the CPC, and no ex-parte injunction was granted.

The petitioners' have put a challenge to this order dated 06.11.2021, by preferring a revision being Civil Revision No.48 of 2021, "Saiyyad & others Vs. Asgar Ali", which was decided vide judgment dated 13.12.2021, by which the revisional court of District and Sessions Judge, Haridwar, had dismissed the revision.

The second relief, which has been sought by the petitioners, and as it has argued that their injunction application, which has been filed before the learned Trial Court, is still pending consideration, and on the previous date i.e. 23.12.2021, no orders has been passed on the same as such, which is prejudicing the rights of the petitioners' pertaining to the subject matter of the suit, which is under consideration before the learned Trial Court, in the suit in question.

Considering the nature of the controversy, and particularly, where it relates to the grant of the decree of a partition, I am of the view that let the injunction application, itself be decided exclusively on its merits within a period of two months from the date of a production of a certified copy of this judgment.

Accordingly, the writ petition is disposed of, subject to the above directions in the light of the relief No.2, claimed by the petitioners in the writ petition.

(Sharad Kumar Sharma, J.) 27.12.2021

NR/