JUDGMENT :

1. This is an appeal from an ex parte order dated 21st June, 2021 of the learned court below refusing the order of injunction as prayed for in the interim application, by the appellant.

2. Although the ex parte order was made on 21st June 2021, the returnable date of the application was made 6th September, 2020, i.e., almost after three months.

3. We feel this is the real reason for prejudice suffered by the appellant, because he has had no opportunity to present his case as early as possible to reiterate his case for an interim order, in the presence of the respondents.

4. Dispensing with all formalities, we dispose of this appeal treating the same as on the day’s list, with an order directing the learned court below to prepone the returnable date to a date not beyond 10 days from the date of communication of the order and hear out the interim application, at the motion stage, upon notice to and hearing the appellant and by a reasoned order.

5. Till the learned court below is in a position to hear out the interim application and consider an appropriate order to be passed, the parties shall not change the status quo of the property in question, existing as of today.

6. We take