Neutral Citation No. - 2023:AHC:197012
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 6891 of 2023
Petitioner :- Harish Kumar
Respondent :- Ram Prasad And Another
Counsel for Petitioner :- Syed Badshah Husain Naqvi
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner.
This petition has been field seeking a direction to decide the
temporary injunction application Paper No. 6C in Original Suit
No. 381 of 2023 (Harish Kumar Vs. Ram Prasad and another).
Learned counsel for the petitioner restricts the present petition only
to the aforesaid prayer.
It appears that the original suit was filed by the plaintiff-petitioner
seeking permanent injunction with regard to the suit property. As
per the order-sheet that has been enclosed with the second
supplementary affidavit, the suit was instituted on 17.5.2023 and
on that day notices were issued on the application for temporary
injunction. The last order reflected in the order-sheet is 21.7.2023
which states that the return of summons are awaited.
Learned counsel for the petitioner states that the petitioner-plaintiff
has filed application before the District Judge to transfer the case
to another judge. A transfer application being filed by post is a
novel method being adopted by the plaintiff which is not
comprehended under the CPC. The Court deprecates this practice.
There is no cause for interference in the matter inasmuch as the
return of summons is awaited, and, at the initial stage itself, the
court has found that it is not a fit case to grant an ex-parte order.
This petition is, therefore, dismissed.
Order Date :- 12.10.2023
A. V. Singh
(Jayant Banerji, J.)