AO/285/2021
2021 Latest Caselaw 5366 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 28TH DAY OF DECEMBER, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     APPEAL FROM ORDER No. 285 of 2021

BETWEEN:

Sri Gaurav Agarwal & another.              ..........Appellants
     (By Mr. Jitendra Chaudhary, Advocate)

AND:
Sri Harpreet Singh & others.                 ...Respondents
     (There is no representation for the respondents)


                      JUDGMENT

This Appeal is directed against the order dated 08.10.2021 passed by learned Civil Judge (Senior Division), Dehradun in Original Suit No. 513 of 2021. By the said order, learned trial Court has granted ex-parte injunction in favour of the plaintiff (respondent no.1 herein), restraining the appellants from creating third party interest over the suit property.

2. Appellants have purchased the suit property from Simran Preet Singh (respondent no.3). Plaintiff contended that he and Simran Preet Singh are joint owners of the suit property, which has not been partitioned, however the vendor has illegally sold the property by wrongly claiming to be the absolute owner.

3. Learned counsel for the appellants submits that the impugned order is unsustainable, as it has been passed without notice to the appellants as well as the vendor of the property, who is co-sharer of the suit property.

4. Order 39 Rule 3 C.P.C. enables the trial Court to grant ex-parte injunction in appropriate cases, where it appears to it that the object of granting injunction would be defeated by the delay, however, this power is subject to the condition that the trial Court has to record reasons for its opinion that the object of granting the injunction would be defeated by delay.

5. In paragraph no. 6 of the impugned order, learned trial Court has recorded its satisfaction that delay, if any, in granting temporary injunction would defeat the purpose. Thus, this Court does not find any reason to interfere with the impugned order.

6. Mr. Jitendra Chaudhary, learned counsel submits that appellants will move application for discharge/vacation of the interim order within 10 days. If appellants file such application within stipulated time, this Court hopes & expects that learned Trial Court shall consider the same within 30 days from the date of filing such application.

7. With the aforesaid observation, the Appeal from Order stands disposed of.

(MANOJ KUMAR TIWARI, J.) Arpan