...contended by learned counsel for the petitioner that the misc.appeal against the order was not maintainable and the remedy of the defendant-respondents was to press his application under Order 39 Rule ...-parte injunction was granted to the petitioner. The contesting defendant filed a misc. appeal against the order granting temporary injunction as well as filed an application under Order 39 Rule 4...under Order 39 Rule 4 C.P.C. by the defendant...

...39 Rule 4 CPC and for its expeditious disposal. Considering the aforesaid without entering into the merits of the case liberty is granted to the petitioners/ denendants to file an appropriate ...Civil Miscellaneous appeal no.57/2022 but after arguing at some length learned counsel for the petitiner restricts his prayer for liberty to be granted for filing appropriate application under Order.... Heard learned counsel for the petitioners. In view of the order being passed notices to opposite parties is dispensed with. Although petition has been filed challenging the order...

...passed by invoking Order 39 Rules 1 and 2 of C.P.C and therefore the only remedy to the appellants is to approach the jurisdictional Court and file an application for setting aside the ...defendants did not prefer a petition to vacate the interim injunction before the trial Court itself as required under Order 39 Rule 4 of C.P.C Order 39 Rule 4 o...Order 43 Rule 1(r) of C.P.C This Court has taken the view that unless there is an application made by the aggrieved party to vacate the order or modify the order of temporary...

...ex parte temporary injunction has come to be granted on 23.02.2023 and after the petitioner put in appearance and filed his objection under Order 39 Rule 4 to the temporary injunction granted and also his written s...the grievance raised by the defendant-petitioner vide application filed under Order 39 Rule 4 irreparable injuries would be caused. 4. A report has been submitted by the...of the above, this petition stands disposed of with direction to the trial court concerned to first decide the pending application/objection of the petitioner-defendant under Order 39 Rule 4 on the...

...Order 39 CPC before the Appellate Court. 6. Accordingly, the writ petition is disposed of with liberty to the petitioner to move an application under Rule 4 of Order 39...Court shall consider petitioner's application filed under Rule 4 of Order 39 CPC, before passing any order on the prayer made by the appellant, for extension of the interim order...Injunction. Respondent filed an application seeking interim injunction, which was rejected by the Trial Court. Respondent thereafter filed an appeal under Order 43 Rule 1 (r) CPC and the Appellate...

...Order 39, Rules 1 and 2, Civil Procedure Code was not frustrated. Really speaking, there was no occasion for moving an application under Order 39, Rule 4 as ...respondent - defendant filed an application under Order 39, Rule 4, W.P. No. 5080/2011 r/w Section 151 of CPC for vacation of temporary injunction on the ground that the...of the Court under Order 39, Rule 4. An application under Order 39, Rule 4, Civil Procedure Code can appropriatel...

...filed by defendant. Instead, expected the defendant, appellant herein to file a separate application under Order 39 Rule 4 of CPC for vacation of said order. In the resu...thereafter as contemplated under Rule 3 A without waiting for parties to file application under Rule 4 seeking vacation or varying the said order.Accordingly, the present appeal is ...that Court below should wait for an application to be filed under Rule 4 seeking vacation of status quo order or varying the same. The procedure that is followed by Court below is contrary to the...

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.... Order 39 Rule 4 of CPC provides for it. If the application is made, the trial court can consider that application on its merit without being influenced by the...This appeal is by the defendant No.4. The trial Court, by an order dated 18.10.2016 granted an order of temporary injunction restraining the appellant from alienating, creating any charge...suit : 3 : land is with the 4 th defendant, as the relief claimed in the plaint is for possession of suit property. If she is in possession, the impugned order does not in any way to affect...

...under Order 39 Rule 4 of the Code filed by her is without prejudice to her rights and contentions in the appeal that is before us at her instance.3. At...Hon'ble the Acting Chief Justice.4. While adjourning hearing of the applications for stay, we observe that the application under Order 39 Rule 4 of the Code...filed by the defendant No. 1/appellant in AST 62/2018 shall be treated as her objection to the application for temporary injunction under Order 39 Rule 4 of the Code filed...

...2 application under Order 39 Rule 4 is filed, the trial Court shall decide the same on its own merits without being influenced by the...appellant will move an application under Order 39 Rule 4 of the Civil Procedure Code and therefore, at this stage, he does not press this appeal from order with a liberty to avail appropriate reme... CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/APPEAL FROM ORDER NO. 172 of 2023...

...direction to the learned Civil Judge (Junior Division), South, Court No.24, District- Sultanpur for expeditious disposal of their application under Order 39 Rule 1 & 2 C.P.C. (Paper No.4-C-2) pending...disposed of by issuing a direction to the learned Civil Judge (Junior Division), South, Court No.24, District- Sultanpur to dispose of the application under Order 39 Rule 1...& 2 C.P.C. (Paper No.4- C-2) expeditiously, without granting any unnecessary adjournment to any of the parties. . [Subhash Vidyarthi,J.] Order Date :- 10.9.2024 -Ami...

...the vacation/variation of the abovesaid order.8. In view of the above discussion, the above mentioned application, filed by the defendants, under Order 39, Rule 4,...hereinabove.Application stands disposed of.”4. The defendants have now filed the above mentioned application under Order 39, Rule 4, CPC.../material on record. As already stated, the present application has been filed by the defendants under Order 39, Rule 4, CPC and therefore in the present proceedings the real poi...

...disposed of with a liberty to petitioners that if so advised, then they can move an application under Order 39 Rule 4 of CPC. If such an application is filed, the same shall be...be disposed of with liberty to petitioners to move an application under Order 39 Rule 4 of CPC for discharging, variation or setting aside the order of temporary injunction. ...petitioners who are defendants in the suit. 2. It is submitted by counsel for petitioners that subsequent to the impugned injunction order, plaintiff filed an application under...

...petition is disposed of with a liberty to petitioners that if so advised, then they can move an application under Order 39 Rule 4 of CPC. If such an application is filed, the s..., petition may be disposed of with liberty to petitioners to move an application under Order 39 Rule 4 of CPC for discharging, variation or setting aside the order of temporary injunction...application under Order 6 Rule 17 of CPC, which was rejected by the trial Court. Challenging the said order, plaintiff filed M.P.No.1390/2019 and during the arguments, counsel for plaintiff had given up his...

...deed executed in favour of petitioners, this petition is disposed of with a liberty to petitioners that if so advised, then they can move an application under Order 39 Rule 4 of CPC. If...the sale deed executed in favour of petitioners, petition may be disposed of with liberty to petitioners to move an application under Order 39 Rule 4 of CPC for discharging, variation or setting aside...injunction order, plaintiff filed an application under Order 6 Rule 17 of CPC, which was rejected by the trial Court. Challenging the said order, plaintiff filed M.P.No.1390/2019 and during the...

...court ought not to have granted an ad interim order of injunction. But without showing cause as ordered by the trial Judge or without filing any application under Order 39 ...any cause of filing any application under Order 39 Rule 4 of the Code of Civil Procedure, the opposite party No. 3 preferred a Misc. Appeal being Misc. Appeal No. 230 of...cause as directed or file any application under Order 39 Rule 4 of the Code for variation of the ad interim injunction on the alleged ground of suppression of material fact...

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...temporary injunction or an application under Order 39 Rule 4 CPC, the trial court shall hear arguments on the application and decide the application on merits without fail. The i...request the trial court to dispose of the application for temporary injunction on merits by filing statement of objections or by filing application under Order 39 Rule 4 CPC. The order im...petitioner is that without specifying the nature of status quo to be maintained the trial court should not have passed such an order. It is also submitted by Sri Srinivas Raghavan, learned Senior...

...aforesaid, the defendants-respondents have filed an application under Order 39 Rule 4 of C.P.C. for recalling the order dated 28.4.2023. It is next argued that without issuing any notice,...passed an ex parte on dated 11.5.2023, setting- aside the order dated 28.4.2023. Hence, the petitioner has preferred the present petition. 4. Apart from the various...affidavit filed in support of the present petition. 5. It reveal from the perusal of the record that the order dated 11.5.2023 was passed in a very sketchy manner, without recording...