Office Notes, reports, orders or proceedings SL.

Date or directions COURT’S OR JUDGE’S ORDERS No. and Registrar’s order with Signatures WPMS 1048/ 2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Sagar Kothari, Advocate, for the petitioner.

Mr. Ketan Joshi, Advocate, for the respondent.

(2) Petitioner has filed a suit for mandatory injunction, in which he filed an application seeking temporary injunction. Learned Trial Court has issued notice on petitioner’s application fixing 5.5.2025. Petitioner has challenged the said order on the ground that learned Trial Court should have granted ex parte ad interim injunction in favour of the petitioner.

(3) This Court is not impressed by the said submission. The course adopted by learned Trial Court is strictly as per law. Rule 3 of Order 39 CIPC reads as under:

“3. Before granting injunction, Court to direct notice to opposite party.—The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:

Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reason for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant—