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2019 Supreme(UK) 272

LOK PAL SINGH
Balwant Singh Chauhan – Appellant
Versus
Mahavidyalaya Sabha Jwalapur Haridwar – Respondent


Advocates Appeared:
For the Appellant : Rakesh Thapliyal
For the Respondents:V.K. Kohli, Senior Advocate and Parikshit Saini

JUDGMENT :

Lok Pal Singh, J.

1. Petitioner has invoked the extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India, seeking writ in the nature of certiorari quashing the impugned order dated 07.02.2019 passed by Civil Judge (Sr.Div.) Haridwar in O.S. No. 33 of 2019 granting ex-parte injunction in the favour of respondent/plaintiff and order dated 20.04.2019 passed by IVth Additional Sessions Judge, Haridwar whereby the civil appeal no. 20 of 2019 filed by the petitioner was rejected.

2. Facts, in brief, are that first respondent/plaintiff filed suit for permanent/prohibitory injunction against the petitioners and proforma respondent nos. 2 to 4 being O.S. No. 33 of 2019 praying that the petitioners, their agents, representative, associates etc. be restrained by decree of perpetual injunction from interfering in the daily affairs of the society and also to restrain them from disposing of any property as mentioned in the schedule of the plaint. An application, under Order 39 Rule 1 and 2 of C.P.C., seeking the same relief was filed. Trial court passed an ex-parte order dated 07.02.2019 and granted temporary injunction in the favour of the plaintiff/re







































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