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PRABHAWATI DEVI versus RAGHUVEER & OTHERS

High Court of Judicature at Allahabad

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Prabhawati Devi v. Raghuveer & Others - WRIT - C No. 33211 of 2007 [2007] RD-AH 12723 (24 July 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon.Janardan Sahai,J

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.

24.7.07sm

wp33211/07


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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