SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2013 Supreme(J&K) 103

MUZAFFAR HUSSAIN ATTAR
Vice Chairman, S. D. A & Ors. – Appellant
Versus
New Drivers & Cleaners Union – Respondent


Advocates Appeared:
For the Petitioners:Mr. G. J. Bala, Advocate.
For the Respondents:Mr. M. Sultan, Advocate.

(Oral)

CIMA is directed against the order dated 04.06. 2012, whereunder, ad interim injunction application has been allowed by the Trial court and appel­lants have been directed to allow the respondents to avail active parking place for four sumos till disposal of the application filed by the defendants un­der Order 7 Rule 11 CPC. Appellants have also challenged order dated 21st July, 2012, where-under, learned Trial court directed SHO P/S Batamaloo to implement the injunction order.

2. In the facts and circumstances of this case, the learned Trial Judge could not pass interim orders in a suit for mandatory injunction without affording opportunity to file objections and with­out hearing the other side.

3. Mr. M. Sultan, learned counsel for the respondents submitted that the learned Trial Court was justified in passing the order impugned in the Ap­peal as the facts and circumstances of the case warranted for issuance of such directions.

4. Since the maintainability of the Suit had come under eclipse, in view of the application filed under Order 7 Rule 11 CPC, the learned Trial Court ought to have decided that application in the first instance.

5. In the present Appeal, at this stage, thi








Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top