Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 293 of 2010 Petitioner :- Mool Chand Respondent :- Arun Kumar And Others Petitioner Counsel :- Pradeep Kumar Tiwari Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
The grievance of the petitioner is that the trial court has wrongly
and illegally refused to grant exparte temporary injunction and
only issued notice fixing 2.8.2010 for disposal of the temporary
injunction application.
The trial court on the basis of the averments made in the plaint and
the material brought on record did not find it a fit case for grant of
exparte temporary injunction, hence issued notices.
There is no reason or occasion to interfere in the exercise of
discretion by the trial court at this stage.The writ petition
accordingly fails and is dismissed.
However, considering the facts and circumstances of the case the
trial court is directed to decide the temporary injunction matter
expeditiously as early as possible in accordance with law after
notice and opportunity of hearing to the parties.
Order Date :- 21.7.2010
AKJ