High Court of Judicature at Allahabad
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Balwant Rai Babbar v. Smt. Shringar Rani Babbar & Others - FIRST APPEAL FROM ORDER No. 528 of 2007  RD-AH 3044 (23 February 2007)
Hon. Amitava Lala, J.
Hon. Pankaj Mithal, J.
The appellant challenges the order dated 3rd February 2007 whereunder the learned Civil Judge passed an order refusing the grant of ex-parte interim order of injunction, but fixed a date on 12th February 2007 for the purpose of hearing on notice to the other side. Learned counsel appearing for the appellant himself contended before this Court that on 12th February 2007 the case was adjourned. We do not find any immediate prejudice to be caused to the appellant by hearing out the application for injunction without notice. This is not an exceptional case as per the provisions laid down under Order XIII Rule 3 of the Code of Civil Procedure. Therefore, we do not want to interfere with the matter at all.
The appeal is dismissed with no order is passed as to costs. However, the learned Court below will hear out of the interim injunction application as expeditiously as possible.
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