Court No. - 4 Case :- WRIT - C No. - 45197 of 2010 Petitioner :- Kush Kumar Respondent :- Brijesh Kumar And Others Petitioner Counsel :- Saran Kumar Respondent Counsel :- A.V. Yadav Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioners and Shri Ajay Vikram Yadav for the
respondent.
The suit was filed by the petitioners seeking a decree of permanent
prohibitory injunction to restrain the defendants from dispossessing them
from the land in dispute or to forcibly enter into possession. An application
for temporary injunction was also filed. Admittedly, only defendant no.1 has
put in appearance and also accepted the case as set up by the plaintiffs in the
plaint, on the basis of which the Trial Court passed temporary injunction. The
said order was challenged in the appeal by rest of the defendant. The lower
appellate court found that the service of summon on defendants were not
proper and the order was passed without giving notice or without affording
opportunity of hearing and remanded the matter to the Trial Court to decide
the temporary injunction application after hearing the parties.
In view of the fact that the defendants were not properly served, lower
appellate court has rightly remanded the matter back to the Trial Court for
fresh decision after hearing the parties. In the facs and circumstances of the
case, the impugned order cannot be termed to be illegal so as to warrant any
interference.
The petition is accordingly dismissed.
Order Date :- 3.8.2010
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