Court No. - 10

Case :- MATTERS UNDER ARTICLE 227 No. - 889 of 2021

Petitioner :- Hazi Moin

Respondent :- Smt. Shajila Begum

Counsel for Petitioner :- Sunil Srivastava,Parvez Ahmad

Hon'ble Prakash Padia,J.

Heard learned counsel for the petitioner.

In view of the order proposed to be passed, notices need not go to the private

respondent.

The petitioner has preferred present petition challenging the order dated

7.9.2020 passed by the Incharge, Civil Judge (S.D.), Amroha in Suit No.263 of

2020 (Smt. Shajila Begum Vs. Hazi Moin and others) with further prayer to

direct the Civil Judge (S.D.), Amroha, to decide the interim injunction

application filed in Suit No.263 of 2020 (Smt. Shajila Begum Vs. Hazi Moin

and others).

It is argued by counsel for the petitioner that in the suit filed by the defendant-

respondent an injunction was granted by the trial court on 7.9.2020. It is argued

that though the order of status quo has been granted by the trial court but the

aforesaid order was passed without hearing the counsel for the defendant in the

suit and without assigning any reasons. The Nagar Palika Parishad was also not

impleaded as necessary defendant in the suit. The aforesaid injunction was

granted without looking into the relevant statutory provisions of Code of Civil

Procedure. It is further argued that as per Order 39 Rule 2(1) an injunction could

only be granted in case the court is satisfied regarding prima facie case, balance

of convenience or irreparable loss but without looking into the aforesaid aspect

of the matter ex-parte injunction was granted . It is further argued that to vacate

the interim injunction an application dated 07.09.2020, copy of which is

appended as annexure 3 to the writ petition, has already been filed by the

petitioner but till date no decision has been taken.

Considering the facts and circumstances of the case, without expressing any

opinion on the merits of the issue, the present petition stands disposed of finally

with a direction to the concerned court below to consider and decide the

aforesaid application in accordance with law on the next date fixed in the matter

after hearing all the parties concerned. If on account of any reason no orders

were passed on the aforesaid date, the decision will be taken on the aforesaid

application preferably within a period of one month, thereafter.

Order Date :- 10.2.2021

Pramod Tripathi