Court No. - 4 Case :- WRIT - C No. - 39951 of 2010 Petitioner :- Ram Prasad Singh Respondent :- Civil Judge S.D. Meerut And Others Petitioner Counsel :- Santosh Srivastava Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioner.
Plaintiff-petitioner filed suit on 6.4.2010 seeking a decree of
declaration that sale deed dated 26.10. 1987 is forged, fabricated
and void. A decree of permanent injunction was also claimed to
restrain the defendants no. 4 to 14 from interference in his
possession over the suit property in any manner on the basis of the
sale deed executed in their favour by defendants no. 1 to 3. An
application for temporary injunction was also moved.
The sole grievance of the petitioner is that trial court wrongly and
illegally refused to grant exparte temporary injunction and only
issued notice and inspite of defendants having been put in
appearance, the temporary injunction application has not been
disposed of.
Trial court finding that it was not a fit case for grant of exparte
temporary injunction issued notice to the defendants. There is
hardly any reason or occasion to interfere with the discretion
exercised by the trial court at this stage.
However, considering the facts and circumstances, the writ
petition stands finally disposed of with direction to the Civil Judge
(Senior Division), Meerut to decide the temporary injunction
application in Original Suit No. 432 of 2010 within a period of one
month from the date of production of a certified copy of this order
before him in accordance with law after notice and opportunity of
hearing to all concern.
Order Date :- 13.7.2010
Dcs