Javed Ahmad vs Hafiza Begum and Others

Sanjay Misra,J.

Heard Sri Amit Kumar learned counsel for the petitioner.

The petitioner who alleges to be plaintiff of Suit no. 1741 of 2009 Javed Ahmad Vs Smt. Hafiza Begum and Othrs is aggrieved by the order dated 22.12.2009 whereby the Trial Court has issued notice to the defendants on the temporary injunction application. Learned counsel for the petitioner has stated that the defendant respondent are in a hurry to dispose of the property in question and as such the temporary injunction application requires to be considered forthwith.

Having considered the submission of learned counsel for the petitioner and perused the record by the order dated 22.12.2009 the Trial Court was of the view that an exparte temporary injunction is not to be issued and the temporary injunction application is to be considered after noticing the defendants and inviting their objections. No error can be found in the aforesaid view taken by the Trial Court. However, learned counsel for the petitioner has submitted that although notices were issued the same could not be served and the matter is being delayed which would frustrating the very purpose of temporary injunction application.

In view of the aforesaid submission in case the petitioner plaintiff files a suitable application in accordance with law before the Trial Court for affecting substituted service on the defendants the Trial Court may consider such application on its merit and pass orders in accordance with law forthwith.

The writ petition stands disposed of.

No order is passed as to costs.