Vipin Bhatnagar vs Gopal And Others
2021 Latest Caselaw 744 UK

WPMS No. 513 of 2021
Hon'ble Sharad Kumar Sharma, J.

Mr. Sagar Kothari, Advocate on behalf of Mr. Ankur Sharma, Advocate for the petitioner.

The petitioner before this Court is a plaintiff in a Suit, being Suit No. 26 of 2021, Vipin Bhatnagar Vs. Gopal and others, which he has instituted before the Court of Civil Judge (Senior Division), Vikasnagar, Dehradun, for the purposes of grant of decree of permanent injunction in relation to the property, which is the subject matter of the suit itself.

The Suit, in question, accompanied with it, an application, paper No. 6 C2, which was preferred by plaintiff/petitioner, invoking the provisions contained under Order 39 Rule 1 and 2, to be read with Section 151 of the CPC, on which, the learned Trial Court prima facie being not satisfied with the grounds for the grant of ex parte injunction, had issued notices to the defendants under Order 39 Rule 3 of CPC, inviting their objection under Order 39 Rule 4 of the C.P.C. It was this part of the order by virtue of denying to grant an ex parte injunction, which has been put to challenge by the petitioner before this Court.

On scrutiny of the order dated 18.02.2021, the fact, which are reflected, that by issuing notices under Order 39 Rule 3, inviting objection, 25th February, 2021, was the date fixed. Hence, on the previous date, the counsel for the petitioner was directed to collect the information, as to what proceedings have taken place on the said date fixed.

Today, when the matter was taken up, the learned counsel for the petitioner has made a statement that defendants have put in appearance, they have filed their vakalatnama and they are expected to file their objection under Order 39 Rule 4 of the C.P.C., also in order to consider their application, paper No. 6C2, under Order 39 Rule 1 and 2.

Instead of venturing into the merits of the matter because it entails the factual appreciation of sale deed, as well as the plaint averment, this Court feels it to be apt to dispose of the Writ Petition with the request to the learned Civil Judge (Senior Division) Vikasnagar, Dehradun, to consider and pass an appropriate order on the petitioner's application under Order 39 Rule 1 and 2, as expeditiously as possible but not later than two months from the date of production of certified copy of this judgment, and during this intervening period as directed above, in case, if the objection is not filed by the defendants, it would be open for the Court to proceed with the application under Order 39 Rule 1 and 2 and decide the same on merits.

Subject to the above, the Writ Petition stands disposed of.

(Sharad Kumar Sharma, J.) Dated 08.03.2021 Shiv