The court's decision was influenced by the provisions of Order 39 Rule 3 of C.P.C. in denying the petitioner's request for ex-parte temporary injunction.

JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner filed a suit for cancellation of a gift deed, which is registered as Original Suit No. 133 of 2021. In the said suit, petitioner has filed an application seeking temporary injunction. Learned trial court vide order dated 23.11.2021 issued notices on the temporary injunction application, filed by the petitioner, fixing 30.11.2021.

2. In this writ petition, petitioner has challenged the order dated 23.11.2021 passed by learned trial court with the contention that having regard to the facts of the case, learned trial court ought to have granted ex-parte temporary injunction in favour of the petitioner.

3. Having regard to the provisions contained in Order 39 Rule 3 of C.P.C., the order passed by learned trial court cannot be faulted. In such view of the matter, there is no scope for interference with the impugned order.

4. However, having regard to the facts of the case, the writ petition is disposed of with a request to learned Civil Judge (S.D.), Vikasnagar, Dehradun to consider petitioner's temporary injunction application within six weeks from the date of production of certified copy of this order, provided all the defendants are served.

5. For a period of six weeks or till disposal of petitioner's temporary injunction application, whichever is earlier, no third party interest shall be created over the suit property.