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(2022) Law Today Live Doc. Id. 16685 = 2022(1) L.A.R. 346
Decided on: 22.04.2022
Present:
Mr. Amit Kumar Jain, Advocate for the petitioners.
Code of Civil Procedure, 1908, (V of 1908), Order 39 Rule 4 – Constitution of India, Article 227 -- Ex-parte injunction – Setting aside of – Non-decisioning on application – Revisional jurisdiction -- Trial Court adjourning the application for setting aside ex-parte injunction order and extending the ad-interim order without deciding the application – Revision disposed of with directions to the trial Court to decide and dispose of the application under Order 39 Rule 4 CPC expeditiously preferably on the next date of hearing fixed before it, in accordance with law.
(Para 1-3)
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MANJARI NEHRU KAUL, J. (ORAL) –
1. The instant revision petition has been filed under Article 227 of the Constitution of India for setting aside orders dated 04.03.2022 and 24.03.2022 (Annexures P-8 and P-9) passed by learned Civil Judge (Jr. Divn.), Gurugram in Civil Suit No.4210 of 2020 titled as 'Rahul Kalsi Vs. M/s Intelligent Instruments Pvt. Ltd. and others' whereby the trial Court, instead of deciding the application under Order 39 Rule 4 CPC for setting aside ex-parte injunction order, is adjourning the case and extending the ad-interim order.
2. Learned counsel for the petitioners submits that the petitioners would be satisfied if the directions are issued to the trial Court for deciding the application under Order 39 Rule 4 CPC expeditiously.
3. In the circumstances, the instant revision petition is disposed of with directions to the trial Court to decide and dispose of the application under Order 39 Rule 4 CPC expeditiously preferably on the next date of hearing fixed before it, in accordance with law.
Order accordingly.
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