Allahabad HC se mere case main yeh order aaya hai please mujhe isaka matalab samajha de.
Aap ki ati krapa hogi.
Court No. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 3097 of 2016
Petitioner :- Ravi
Respondent :- Mohd. Hanif
Counsel for Petitioner :- Narendra Singh Chahar
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Narendra Singh Chahar for the petitioner.
The petition has been filed for setting aside the order dated
28.4.2016, by which the court below has declined to grant ex
parte interim order in the matter.
The petitioner filed a suit for permanent injunction restraining
defendant from ejecting the petitioner from the shop in dispute.
In the plaint itself, the petitioner has stated that respondent has
filed a suit i.e. Suit No.43 of 2016 for his ejectment. The court
below also found that respondent is taking recourse to law for
ejectment, therefore, no ex parte injunction is required at this
stage and issued notice to the defendant fixing 19.5.2016 for
hearing on the inunction application in accordance with the
provision of Order 39 Rule 3 CPC. The impugned order does
not suffer from any illegality. No interference is required by
this Court. However, court below may pass a suitable order on
the injunction application of the petitioner on the next date
fixed in the suit.
With the aforesaid observation the petition is disposed of.
Order Date :- 4.5.2016