WPMS/1143/2022
2022 Latest Caselaw 1640 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                  COURT'S OR JUDGES'S ORDERS
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             Registrar's order with
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                                      WPMS No. 1143 of 2022
                                      Hon'ble Manoj Kumar Tiwari, J.

Mr. Pradeep Kumar Chauhan, Advocate for the petitioner.

Mr. Nikhil Singhal, Advocate for the respondents.

Petitioner is defendant in a partition suit, which is numbered as O.S. No. 70 of 2022. He is aggrieved by an order dated 15.03.2022 passed by Civil Judge, Senior Division, Haridwar, whereby parties have been directed to maintain status quo qua suit property.

It is not in dispute that an application filed by plaintiffs (respondents herein) for grant of temporary injunction is still pending and the order in question is passed under Section 151 C.P.C., in order to preserve property.

Learned counsel for the respondents submits that petitioner is avoiding service, he has prevented Court Commissioner from conducting spot inspection, in terms of the order passed by Trial Court on 02.03.2022, therefore, learned Trial Court was justified in invoking its inherent power under Section 151 C.P.C.

Learned counsel for the respondents has placed reliance on a judgment rendered by Hon'ble Allahabad High Court in the case of Ahmadi Khanam vs. IIIrd Additional District Judge, Gonda; reported in 2000 2 ARC 107.

Having regard to the facts and circumstances of the case, this Court is not inclined to interfere with impugned order.

Learned counsel for the petitioner submits that his client will appear before the Trial Court on 28.05.2022 and he shall argue against plaintiffs' Temporary Injunction application without seeking any time for objection. He thus submits that, Trial Court may be directed to finally decide the temporary injunction application.

Learned counsel for the respondents submits that his client will argue on temporary injunction application on 28.05.2022.

Having regard to the aforesaid facts and circumstances of the case, writ petition is disposed of, with a request to the Trial Court to consider Temporary Injunction application filed by plaintiffs (respondents herein), on 28.05.2022.

If for any reason, it is not possible to pass order on plaintiffs' temporary injunction application on the next date, then order shall be passed on the said application on the next working day.

(Manoj Kumar Tiwari, J.) 26.05.2022 AK