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Judgment
Manoj Kumar Tiwari, J
Petitioner is aggrieved by the order dated 18.08.2021 passed by Civil Judge (Senior Division), Haridwar in Original Suit No. 225 of 2021. By the said order, learned Trial Court has issued notice on Temporary Injunction Application of the petitioner fixing 02.09.2021 for considering the petitioner's Temporary Injunction Application.
Learned counsel for the petitioner submits that having regard to the facts of the case learned Trial Court ought to have been granted ex-parte temporary injunction in favour of the petitioner.
This Court is not inclined to interfere in the matter as the order passed by learned Trial Court is in consonance with the provision contained in Order 39 Rule 3 C.P.C.
Learned counsel appearing for the petitioner has submitted that steps for effecting service of notice upon defendants, have been taken. He assures the Court that fresh steps would be taken, if need be.
Having regard to the facts of the case, writ petition is disposed of with a request to learned Trial Court to consider and decide petitioner's Temporary Injunction Application on the next date fixed i.e. 18.09.2021 or any other date, within four weeks thereafter.
Let a certified copy of this order be issued within 24 hours.