...that the petitioners have already filed an application, under Order 39, Rule 4 C.P.C., for vacating the ex parte order which is still pending. Even otherwise, against an ex parte injunction ..., this petition is disposed of with liberty to the petitioners either to avail the alternative remedy against the ex parte injunction order or to pursue the application filed under Order 39 Rule 4 ...the court below. In case, the petitioners press his application, under Order 39 Rule 4 C.P.C., the court below would consider the same, expeditiously, in accordance with law, preferably, within...

...that an order was passed by the learned lower court under Order 39 Rules 1 and 2 on 2.9.1996 On that day, the present appellant, the Gram Panchayat, Barmer was not a party in the suit. The appella...aside the earlier injunction order passed by the trial court. After hearing the parties, the learned trial court rejected the application filed by the appellant under Order 39 Rule 4 ...and another under Order 39 Rule 4 C.P.C for vacation of the injunction order which was passed by the court below against the UIT. In the applications, Smt. Draupadi had ...

...it may, against grant of temporary injunction order, petitioner has a remedy under Order 39 Rule 4 C.P.C. Therefore, this Court is not inclined to interfere with an interlocutory order pa...learned trial Court in temporary injunction application. 5. Accordingly, the writ petition is dismissed with liberty to the petitioner to approach the trial Court under Order 39 Rule 4 ...registered as Original Suit No. 244 of 2018. 2. Petitioner is aggrieved by an order passed by trial Court, under Order 39 Rule 1 and 2 C.P.C. dated 07.08.2018, whereby defendant has been...

...petitioner has a remedy to file an application for recall of ex parte temporary injunction under Order 39 Rule 4 C.P.C. for vacation of temporary injunction order or may apply for appeal under ...petition consigned to records. However, it is provided that in the event petitioner moves an application under Order 39 Rule 4 C.P.C in the first instance within a period of two weeks from... Neutral Citation No. - 2024:AHC:70541 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 2341 of 2024 Petitioner :- Ved Prakash Respondent...

...instituted by the plaintiff-respondents, the trial court granted an exparte injunction and the same is being extended from time to time. The petitioner has already filed objections under Order 39 Rule 4 ...the objections filed by the petitioner under Order 39 Rule 4 C.P.C. expeditiously, by fixing short dates and without granting unnecessary adjournment to the parties. (Manoj Kumar Gupta, J.) ...are pending. It is pointed out by learned counsel for the petitioner that the trial court, without deciding the objections, is extending the injunction order. Considering...

... Neutral Citation No. - 2024:AHC:23441 Court No. - 52 Case :- MATTERS UNDER ARTICLE 227 No. - 104 of 2024 Petitioner :- Atul Kumar Gupta Respondent :- Qayyum Beg And 7 Others Counsel for Petitioner :- Pank...to press his application under Order 39 Rule 4 C.P.C. 4.... Without going into the merits of the case, I am of the view that interest of justice will be served when application filed under Order 39 Rule 4 C.P.C. by the defendant...

...ad interim injunctions as provided under Order 39 Rule 4 C.P.C., as such the court concerned may be directed to consider and decide the said objections in accordance with law within specified time.... 5. Considering the aforesaid and without entering into the merits of the case and as the petitioner has already filed his objections under Order 39 Rule 4 CPC to the ad interim injunction, the instant pet...setting aside the order dated 21.07.2022 passed by learned Civil Judge, Junior Division, Sultanpur in Original Suit No. 1110 of 2022 in re: Smt. Geeta Pandey vs Smt Manisha. 3...

...provisions of Order 39, Rule 3 C.P.CAccording to the petitioner, the defendant no. 1-petitioner has already filed his objection under Order ...accordance with law, and also considering the objection, filed under Order 39, Rule 4 C.P.C by the petitioner, expeditiously, preferably within a period of four weeks from the...quashing the order dated 23-3-2010 passed by the learned Civil Judge Kashipur in Original Suit No. 68 of 2010, Hina v. Jasbir.According to the petitioner, the plaintiff-respondent no. 1...

...petitioner under Order 39 Rule 4 C.P.C. registered as Paper No. 30-C2, for recall of the injunction granted in favour of the plaintiff-respondent, has been rejected. 3. In the opinion of the Court,...order passed rejecting an application under Order 39 Rule 4 C.P.C. is appealable under Order 43 Rule 1(r) C.P.C.. 4. Faced with the aforesaid, Sri Mahes...Court to withdraw the present petition with liberty to file an appeal under Order 43 Rule 1(r) C.P.C. He submits that the Registry may be directed to return the certified copy of the order impugned to...

...has been granted in favour of the plaintiff. The petitioner is the defendant in the suit and has filed application under Order 39 Rule 4 C.P.C. read with Section 151 of C.P.C. on 11.01.2024, the...the Civil Judge, Junior Division, Nagar, Saharanpur to consider and decide the interim injunction application (6C Application) as well as application under Order 39 Rule 4 C.P.C., in accordance with...perused the record. 2. The instant writ petition has been filed for following relief: "(i) Set aside the order dated 24.11.2023 passed by the Civil Judge, Junior Division, Nagar...

...court below who has granted the interim injunction by filing application under Order 39 Rule 4 C.P.C. for setting-aside the order impugned and in case, petitioner is not a party, he can also move ...application for impleadment in the suit. 5. In case, the petitioner moves application for impleadment as well as application under Order 39 Rule 4 C.P.C., the same shall be considered and...court. 3. The petitioner claims to be aggrieved by the order though he is not defendant in the suit. 4. In case, the petitioner is aggrieved, he may approach the...

.... Learned counsel for the petitioner states that against the aforesaid order case the petitioner who is defendant has filed an application under Order 39 Rule 4 C.P.C. for setting aside the ...decide the aforementioned application under Order 39 Rule 4 C.P.C., in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of.... 2. The instant writ petition has been filed challenging the order dated 23.05.2025 passed by Civil Judge (J.D.) Hathras granting ex- parte injunction in favour of the plaintiff. 3...

...decide the application under Order 39 Rule 4 C.P.C. on the next date fixed within stipulated period of time as fixed by this Hon'ble Court. 3. The petitioner has not pressed the prayer nos.1...39 Rule 4 C.P.C., which is pending decision. 6. Considering the overall facts and circumstances of the case and in the interest of justice, it is hereby directed to the Court concerned to...Standing Counsel for the State and perused the record. 2. The present petition under Article 227 of the Constitution of India has been filed for issuance of order or direction to the Court below to...

...(Thakur Prasad Vs Balram & others) and the objection filed by the Petitioner herein under Order 39 Rule -4 of C.P.C. dated 5.12.2023, in a time bound manner stipulated by this...interim injunction has been granted in favour of the plaintiff. Against the said interim injunction, the petitioner (who is defendant in the suit) filed objection under Order 39 Rule 4 C.P.C. which is...stands disposed of finally with a direction to the Civil Judge (Senior Division), Jaunpur to consider and decide the objection under Order 39 Rule 4 C.P.C., in accordance with law, expeditiously...

...this Court at this stage in the aforesaid proceedings. The petitioner has an adequate remedy of making an application under Order 39 Rule 4 C.P.C. However, it has been informed that the petitioner... however, liberty is granted to the petitioner to file an application under Order 39 Rule 4 C.P.C. alongwith his objections. In case such objections are filed th...Singh vs. Himanshu Verma) considering the application of the plaintiff/private respondent under Order 39 Rule 1 & 2 C.P.C. finding that a prima facie case has been made out, has directed...

... injunction under Order 39 Rule 1 and 2 C.P.C. in favour of the plaintiff-appellant. The said order was set aside by this Court on an appeal. There...alteration in the original structure of the Moiyadpura mosque. 3 11. The appellant filed an application under Order 39 Rule 4...dated 09.09.2024 passed in Misc. Case No.129/2023 on the application under Order 39 Rule 4 C.P.C., the trial Court was of the view that the application was not maintainable before it as the injunction...

...raised a preliminary objection that the petitioner has an alternative remedy of filing application under Order 39 Rule 4 C.P.C. and appeal under Order 43 Rule 1(r) C.P.C. for set...under Order 39 Rule 4 C.P.C., in accordance with law, expeditiously, preferably within a period of next two weeks after ensuring service upon all the opposite parties and giving Versus...injunction order. 4. Since the petitioner has an alternative remedy of filing application for setting aside the ex-parte injunction order, I am not inclined to entertain the...

...expeditious disposal of objections filed by the petitioner in response to the application preferred by the plaintiff-respondents no. 1 under Order 39 Rule 4 C.P.C. The contention of the learned...under Order 39 Rule 4 C.P.C. has yet not been disposed of. In the aforesaid backdrop, the petitioner submits that some expedite order be passed. Considering the facts and circumstances, t...counsel for the petitioner is that the respondent no. 1 has filed a suit for injunction bearing No. 112 of 2023 wherein an interim order has been granted by the court concerned on 01.03.2023. It...

..., admittedly an application under Order 39 Rule 4 C.P.C. can be filed by the appellant-defendant before the learned trial court in which he can raise all the grounds, which he...has urged before this Court. 4. Considering the aforesaid, the appeal is disposed of leaving it open to the appellant to file an application under Order 39 Rule 4 of the ...Abdul Moin,J. 1. Heard learned counsel for the appellant and Shri Harshit Singh, learned counsel for the respondents. 2. Under challenge is the order passed under Order 39 Rule...

...possession of the petitioner who is the defendant. 4. This petition is disposed of with a direction to the petitioners to move appropriate application under Section 151 C.P.C. and also under Order 39 ...been framed and two of the issues have also been decided by the learned trial court. The respondents on the basis of order of maintenance of status quo are constantly interfering in the peaceful...to the notice of the trial court any change in status quo as has been directed by the learned trial court. Order Date :- 5.3.2022 Rahul Neutral Citation No. - 2022:AHC-LKO:8314 ...