Court No. - 4 Case :- WRIT - C No. - 44767 of 2010 Petitioner :- Vijay Kumar Seth Respondent :- Raj Kumar And Another Petitioner Counsel :- G.K.Gupta Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
Main relief claimed in the petition is a writ of mandamus to direct the
trial court to decide the temporary injunction application. Facts are
that the petitioner filed a suit for specific performance of contract. An
application for temporary injunction was also moved.
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 6.7.2009 .
There is hardly any reason or occasion for this Court to interfere with
the discretion exercised by the trial court at this stage.
However, considering the facts that the temporary injunction
application has remained pending for almost one year even after the
defendants have put in appearance and filed their objection to the
temporary injunction application, the writ petition stands disposed of
with the direction to the trial court to decide the temporary injunction
application pending in suit no. 48 of 2009 in accordance with law
after notice and opportunity of hearing to all concerned within a
period of six weeks from the date of production of a certified copy of
this order before it.
Order Date :- 2.8.2010
nd