High Court of Judicature at Allahabad
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Prabhawati Devi v. Raghuveer & Others - WRIT - C No. 33211 of 2007  RD-AH 12723 (24 July 2007)
The petitioner has filed a suit of injunction. An application for temporary injunction was also filed by the petitioner. The petitioner's case is that she has purchased 1/6th share of one Pnnawasi who is not a party in the suit. The petitioner alleged that the defendant respondents 1 and 2 have no right or title over the disputed property. They are interfering in her possession. The trial court issued notice on the application for temporary injunction but did not grant ex party temporary injunction. Against this order the petitioner has filed the present petition.
In view of the provisions of Order 39, Rule 3 CPC ordinarily no ex party temporary injunction is to be granted. In the facts and circumstances the order of the court below does not suffer from any illegality which may call for interference in writ jurisdiction. However the trial court is directed to dispose of the injunction application expeditiously. Subject to this direction, the writ petition is dismissed.
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