ALLAHABAD HIGH COURT
Manoj Kumar Gupta, J.
Sudha Singh - Appellant
Versus
Phool Singh & 7 Others - Respondent
Matters Under Article 227 No. 4658 of 2015
Decided On : 28-08-2015
Injunction - Application for Temporary Injunction - The court directed the trial court to decide the application for temporary injunction expeditiously and to maintain status quo till disposal of the application.
Fact of the Case:
The petitioner filed a suit against the defendant-respondents for partition and separate possession with respect to her 1/8 share. An application for temporary injunction was also filed, which was refused by the trial court.
Finding of the Court:
The court declined to issue an injunction order against the defendant-respondents but directed the trial court to decide the injunction application expeditiously.
Issues: The main issue was the application for temporary injunction pending in the original suit.
Ratio Decidendi: The court emphasized the need for expeditious decision on the injunction application without granting unnecessary adjournments.
Final Decision: The petition was disposed of with the direction to the trial court to decide the injunction application expeditiously.
Manoj Kumar Gupta, J.
The relief claimed in this petition is for a direction to the trial court to decide the application for temporary injunction pending in Original Suit No.152 of 2015 expeditiously and to direct the parties to maintain status quo till disposal of the application.
2. The suit, referred to above, has been filed by the petitioner against the defendant-respondents for partition and separate possession with respect to her 1/8 share. Alongwith the plaint, an application for temporary injunction was also filed. The trial court, by order dated 14.7.2015, refused to grant exparte injunction and issued notices to the defendants, being of the opinion that the defendants are required to be heard. The order dated 14.7.2015 is not under challenge.
3. In such view of the matter, this Court is not inclined to entertain the prayer for issuance of injunction order against the defendant-respondents. However, in the facts and circumstances of the case, it is desirable that the injunction application is decided expeditiously.
4. Accordingly, the trial court is directed to make efforts to decide the same by fixing short dates and without granting unnecessary adjournment to the parties, subject to service being held to be sufficient on the defendants.
5. With these observations, the petition stands disposed of.
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