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(2022) Law Today Live Doc. Id. 17848 = 2023(2) L.A.R. 316
Decided on: 30.11.2022
Present:
Mr. Pardeep Balyan, Advocate for the petitioner.
Code of Civil Procedure, 1908 (V of 1908), Order 39 Rule 2 -- Interim injunction – Vacation of -- Suit pending for written statement – Interim injunction for status quo qua construction over the suit property -- On the next date of hearing, despite the fact that defendants did not file the written statement or reply to the injunction application, the Court did not extend the stay – Revision accepted to the effect that parties shall maintain status quo as per order of the learned Trial Court, till the application under Order 39, Rule 2 CPC moved by the plaintiff-petitioner before the learned Trial Court is disposed of.
(Para 1-4)
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DEEPAK GUPTA, J. (ORAL) –
By way of this revision, petitioner-plaintiff of the suit has challenged the order dated 21.11.2022 (Annexure P-4), whereby learned Civil Judge (Jr. Divn.), Ganaur, District Sonepat, adjourned the matter for filing of the written statement and reply to the injunction application by the contesting defendant without extending the status quo order, which had earlier been directed on 17.11.2022.
2. Heard.
3. It is rightly pointed out by the learned counsel that vide order dated 17.11.2022 (Annexure P-3A), the Court had directed that till the filing of the written statement/reply, both parties shall maintain status quo qua construction over the suit property. However, on the next date of hearing, despite the fact that defendants did not file the written statement or reply to the injunction application, the Court did not extend the stay.
4. The revision is accepted to the effect that parties shall maintain status quo as per order dated 17.11.2022 of the learned Trial Court, till the application under Order 39, Rule 2 CPC moved by the plaintiff-petitioner before the learned Trial Court is disposed of. Trial Court will be at liberty to vacate this order, in case there are efforts to delay the matter by the petitioner.
5. This order has been passed without serving notice to the respondents in order to avoid any delay in the matter. However, if the respondents are aggrieved by this order, they can approach this Court.
6. Revision is disposed of accordingly.
Order accordingly.
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