WPMS/2057/2021
2021 Latest Caselaw 3971 UK

IN THE HIGH COURT OF UTTARAKHAND
                     AT NAINITAL
     ON THE 30TH DAY OF SEPTEMBER, 2021
                            BEFORE:
     HON'BLE SHRI JUSTICE MANOJ K. TIWARI

     Writ Petition (M/S) No. 2057 of 2021
BETWEEN:

Indian Church Trustees                          ... Petitioner

      (By Mr. Sahil Mullick, Advocate)


AND:

State of Uttarakhand & another                  ... Respondents
      (Mr. Vinod Nautiyal, learned Deputy Advocate General)

                        JUDGMENT

1. Petitioner filed a suit for declaration before Civil Judge (S.D.), Nainital. Along with the suit, petitioner has also filed temporary injunction application. Learned trial court issued notices on the temporary injunction application filed by the petitioner fixing 08.10.2021 for disposal. Thus, feeling aggrieved, petitioner has approached this Court challenging the order dated 17.09.2021.

2. It is contended by learned counsel for the petitioner that having regard to the facts of the case, learned trial court ought to have granted ex-parte temporary injunction in favour of the petitioner.

3. Since learned trial court acted inconsonance with the provision contained in Order 39 Rule 3 of C.P.C., therefore, any interference with

the order passed by learned trial court would be unwarranted.

4. Mr. Sahil Mullick, learned counsel appearing for the petitioner undertakes on behalf of his client that petitioner shall take all necessary steps for affecting service upon respondents (defendants in the suit) on or before the next date fixed.

5. Having regard to the facts of the case, the writ petition is disposed of with a request to learned Civil Judge (S.D.), Nainital to consider petitioner's temporary injunction application on the next date fixed i.e. 08.10.2021., provided all the defendants are served.

(Manoj Kumar Tiwari, J.) Aswal