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Judgment
B.S. Verma, J.—Heard learned Counsel for the Appellant and perused the record.
This appeal by Defendant is directed against the order dated 19-4-2011 passed by the Civil Judge (Senior Division) Rudrapur (Udham Singh Nagar) in Civil Suit No. 30 of 2011 Nanhe Khan v. Rajendra Singh, whereby ex parte injunction order was granted on the application for temporary injunction (paper No. 6-C) and notice was directed to be issued to the Appellant-Defendant.
It appears that the Respondent Nanhe Khan filed a suit in the court of Civil Judge (Senior Division) Rudrapur, Udham Singh Nagar, against Rajendra Singh, Appellant herein, for a decree of permanent injunction. It also appears that the suit has been registered as Civil Suit No. 30 of 2011. Along with the plaint, the Plaintiff-Respondent filed application for temporary injunction (paper No. 6-C) (Annexure No. 2 to the petition).
The impugned order has been passed on 19-4-2011 and sufficient time has already been elapsed since then and now after summer vacations, the Civil Courts are working. The ends of justice in the matter would be served if the trial court is directed to decide the application for temporary injunction (paper No. 6-C) moved by the Plaintiff-Respondent on merits within a time frame.
The Appellant-Defendant may file his detailed objection, if not already filed in the suit, before the trial court. The Civil Judge (Senior Division) Rudrapur (Udham Singh Nagar) is directed to decide the temporary injunction application of the Plaintiff-Respondent on merits after hearing both the parties in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a copy of this order.
With the above observation, the appeal is disposed of finally.
All pending applications stand disposed of.