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M/S FOCUS BUILDCON PVT. LTD. & ANOTHER versus SHRI TULARAM & OTHERS

High Court of Judicature at Allahabad

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M/S Focus Buildcon Pvt. Ltd. & Another v. Shri Tularam & Others - WRIT - C No. 35394 of 2007 [2007] RD-AH 13395 (2 August 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'ble Janardan Sahai, J

An order of temporary injunction was passed  on the application of the plaintiff-respondent by the trial court on 31.5.2007. The order is described as an exparte injunction order. The petitioner preferred an appeal against that order. The appeal has been dismissed as not maintainable on the ground that the order of the trial court was an exparte one. The order of the appellate court has been challenged by the petitioner.

Sri B.N. Agarwal counsel for the petitioners submitted that although the trial court  has described  the order as an exparte one but actually it was an order passed after hearing the defendants-petitioners who had filed their objections   and it was wrongly described as an exparte injunction and this aspect has not been considered by the appellate court. He also submitted that even against an  exparte order an appeal is maintainable as held by the Full Bench in Zila Parishad Vs. B.R. Sharma [AIR 1970 Alld 376] and the order of the  appellate court suffers from error apparent on record.

In the facts and circumstances it is appropriate that the petitioners may make an application for review before the appellate court itself and the appellate court may  pass appropriate orders thereon. In case such a review application is filed by the petitioners the appellate court shall decide it expeditiously.

With the aforesaid direction this petition is disposed of.

Dt.2.8.2007

sn/wp-35394/07


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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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