Court No. - 4 Case :- WRIT - C No. - 36452 of 2010 Petitioner :- Ram Laxman Respondent :- Shiv Shahab And Others Petitioner Counsel :- T.B. Pandey Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
The sole grievance of the petitioner is that the trial court wrongly and
illegally did not pass any exparte injunction and only issued notices
to the defendantrespondents. From a perusal of the impugned order,
it appears that trial court after being satisfied with the averments
made by the plaintiffpetitioner and documents filed in support thereof
did not find it a fit case to issue exparte temporary injunction hence
issued notices to the defendantrespondents fixing 14.6.2010.
Learned counsel for the petitioner states that no order has been
passed on the said date and the next date fixed is 12th July, 2010.
In view of above, there is hardly any reason or occasion for this Court
to interfere in the discretion exercised by the trial court at this stage
and the impugned order dated 15.5.2010 does not call for any
interference.
The petition accordingly fails and stands dismissed.
However, considering the facts and circumstances, trial court is
directed to decide the temporary injunction application on the date
fixed i.e. 12.7.2010 in accordance with law. However, if for any
unforeseen circumstances, the matter is not decided on the said date
then the trial court shall grant very short adjournment and in any
view, shall decide the temporary injunction matter within ten days
thereafter positively.
Order Date :- 5.7.2010
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