WPMS/199/2022
2022 Latest Caselaw 286 UK

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                                      WPMS No.199 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

(Through Video Conferencing)

Mr. Tapan Singh, Advocate for the petitioners.

The plaintiff/respondents had filed a Suit No.04 of 2022 Rahat Alam and another vs. Shamshad Ahmad & another, in which the learned trial court has granted a temporary injunction by an order of 03.01.2022.

Being aggrieved against the grant of an order of temporary injunction under Order 39 Rule 1 & 2 of the C.P.C., the petitioner had preferred a Misc. Appeal under Order 43 1 (r) of the C.P.C., alongwith the urgency application which was numbered as Misc. Appl. No.04 of 2022. The said urgency application has been rejected in view of the fact, that on account of the prevalent pandemic situation, the High Court has issued notification on 07.01.2022 directing the Subordinate Courts to take only the urgent matters.

Subsequently on account of a fresh decision taken by the High Court physical hearing of all the Subordinate Courts including the High Court has to be revived with effect from 21.02.2022.

In that eventuality, without expressing any opinion on the merits of the matter, the order of 07.01.2022 rejecting the urgency application of the petitioner becomes irrelevant. The writ petition is being disposed of with a direction to the District Judge, Haridwar to consider and pass an appropriate order on the petitioner's Misc. Civil Appeal, preferred against the order of grant of temporary injunction on 03.01.2022, exclusively on its own merits within a period of six weeks from the date of presentation of the certified copy of this judgment.

Subject to the aforesaid observations, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 18.02.2022 Arti