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...Court directed the plaintiff to comply with the provisions of Order 39 Rule 3 CPC within a week. The said ex-parte ad interim injunction is still in force and a reply has been...filed by the defendants to the said application, inter alia, raising a plea for vacation of the ad interim ex parte injunction primarily on the ground that the provisions of Order 39 Rule 3 ...plaintiff's own documents brought on record, there has been no compliance of the provisions of Order 39 Rule 3 CPC in as much as the notice, which can be said to be in compliance...
...petitioner/defendant under Section 151 read with Order 39 Rule 3 CPC for vacation of ex-parte stay granted vide order dated 07.08.2024 has been dismissed.
2. Lear...counsel for the petitioner has submitted that a perusal of the plaint would show that along with the suit, five sale deeds were stated to have been attached and provision of Order 39 Rule 3 CPC require...that in case of grant of ex-parte injunction, the plaintiffs are supposed to supply the copy of the plaint, the application under Order 39 Rule 1 and 2 CPC, affidavit along with it and the documents on which the pl...
...avoiding service of notice. Even the petitioner made an effort to press the application filed under Order 39 Rule 3 CPC, but the said prayer was also not acceded to, which is evident from perusal of the...order sheet dated 6.3.2025. It is thus contended by the counsel that the trial Court be directed to take decision on the petitioner's application filed under Order 39 Rule 1 and 2 CPC as well as under ...
Considering the aforesaid innocuous prayer, the present petition stands disposed of with a direction to the trial Court to take decision on petitioner's application filed under Order 39 Rule 3 ...
...39 Rule 3 CPC shall be complied with."
4. The learned counsel for the petitioners/defendants submitted that the order passed by the Court below is agains...provision of law, particularly Order 39 Rule 3 CPC, according to which, reasons should be given by the trial Court if an order of injunction is granted without ordering ...injunction order should be set aside.
5. It is not in dispute that a cryptic order of injunction has been passed by the trial Court in blatant violation of Order 39 Rule ...
.... 102/2022 whereby, the application filed under Order 39 Rule 3 CPC has been dismissed by the Civil Judge, Class-1, Ghargoda, District Raigarh in Civil Suit No. 61-A/2021 vide its order dated...Petitioner has moved an application under Order 39 Rule 3 CPC, which has been dismissed by the impugned order by the Civil Judge, Class-1, Ghargoda in Civil Suit No. 61-A/2021. As the application ...it appropriate to direct the concerned Court to decide the pending application filed under Order 39 Rules 1 & 2 CPC for temporary injunction expeditiously i.e. within a period of 3 weeks from the...
...under order 39 rule 1 & 2 cpc, issued notice to the defendant, returnable for 17th August, 2017 and in the meantime, directed parties to maintain status quo qua nature and possession of the suit land till the n.... 3 Subsequently, defendant moved an application under Section 151 CPC, on 26th August, 2017, praying therein to vacate the ad interim ex-parte order, directing therein rt o parties to maint...CPC, order dated 11.8.2017, deserves to be vacated. 4. Mr. Ramesh Sharma, learned counsel, representing the defendant, while referring to the impugned order, vehemently contended that when learned...
...-petitioner to vacate the ex parte interim injunction order dated 07.07.2017 (Annexure P-3) on account of non compliance with the mandatory provisions of Order 39 Rule 3 ...is for setting aside the impugned order and for vacating the ex parte interim injunction order dated 07.07.2017 for non compliance of Order 39 Rule 3 CPC by al...any manner in the suit property. Along with the suit, the respondent/plaintiff filed an application under Order 39 Rule 1 & 2 CPC read with Section 151 CPC for the grant of ad in...
...Health Lab and FAO 106/2020 Page 2 of 3 also impugns order dated 15.02.2020 whereby an application under Order 39 Rule 4 CPC filed by the appellant has been adjourned to...the appellant prior to filing of the Suit. He further contends that there is non-compliance of Order 39 Rule 3 CPC as also the fact that when the appellant moved an application...under Order 39 Rule 4 CPC, the same was adjourned to 20.03.2020. 3. Learned counsel for the respondents appearing on advance notice submits that ad...
...
Neutral Citation No. - 2025:AHC:46202
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2914 of 2025
Petitioner :- Upendra
Respondent :- Smt. Meera Devi And 3 Others
Counsel for Petitioner :- Arvind Kumar Singh
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner. Through this writ petition filed under Article 227 of the Constitution of India, order dated 05.03.2025 passed by the trial Court granting ad interim injunction is under challenge. Learned counsel for the petitioner submits that the Court below had granted ad interim injunction without following the procedure as laid down under Order 39 Rule 3 CPC as well as proviso to Rule 3 of Order 39. According to him, no satisfaction has been recorded by the Court while granting ad interim injunction.
I have heard respective counsel for the parties and perused the material on record.
From perusal of order impugned, I find that the Court below after recording satisfaction had proceeded to grant ad interim injunction on the ground that the sale deed in favour of the plaintiff was executed in respect of Gata No.2362 for an area of
108.02 square meter by one Om...
...hectares, Gram Songir, Tehsil and district Indore on 12.07.2023 and also filed an application under Order 39 Rule 1 & 2 CPC and another application under Order 39 Rule 3 ...the application under Order 39 Rule 3 CPC and issued notice on IA No.01/23 i.e. application under Order 39 Rule 1 & 2 CPC. Thereafter, on 16.08.2023 the trial court ...order dated 16.08.2023 was stayed and injunction dated 28.07.2023 is restored. The application under Order 39 Rule 1 & 2 is still pending whereas as per Order
39 ...
...has not decided the application under Order 39
Rule 1 & 2 of CPC after rejecting an application under Order 39 Rule 3 CPC
on 26.07.2024, though about...was required
to decide the application under Order 39 Rule 1 & 2 CPC expeditiously.
In the meanwhile, on merits, case is disposed of, giving direction to the
learned...trial Court to decide the application under Order 39 Rule 1 & 2 CPC
within a period of 10 days of receipt of the certified copy of this order.
C.c. as per rules.
AR...
.... The above revisions are filed against the ex parte interim orders passed under Order 39, Rule 3 of the Code of Civil Procedure dated 19.11.19992. The main contention of t...respondent and considered the matter.5. The order passed by the learned judge does not satisfy the requirement of Order 39, Rule 3, CPC. The Honourable Su...Court as well as this Court, in a series of decisions, have directed the subordinate Courts that they should pass speaking orders in terms of Order 39, Rule 3, CPC. In all...
...
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(132)
CR-431-2025
Date of decision: - 23.01.2025
Paramjit Singh
....Petitioner
Versus
Balwinder Singh
.....Respondent
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Arnav Ghai, Advocate, and
Mr. Kulmanbir S. Nagra, Advocate
for the petitioner.
****
VIKAS BAHL, J. (ORAL)
1. Present civil revision has been filed under Article 227 of the
Constitution of India for setting aside the impugned order dated
21.11.2023 (Annexure P-10) passed by the Civil Judge (Junior Division),
Hoshiarpur in Civil Suit No.499/2023 as well as the order dated
20.12.2024 (Annexure P-12) passed by the Additional District Judge,
Hoshiarpur, whereby the application under Order 39 Rule 3 CPC
(Annexure P-7) had been dismissed.
2. Learned counsel for the petitioner has submitted that the
petitioner be permitted to withdraw the present revision petition with
liberty to take up all pleas, which have been raised in the present petition
and are available to him, at the time of final adjudication of the
application under Order 39 Rule 1 and 2 CPC.
3. Dismissed as withdrawn, with the aforesaid liberty.
( VIKAS BAHL )
January 23, 2...
....
3. Since the order passed by learned trial court is in consonance with Order 39 Rule 3 CPC, thus, there is no scope for interference with the said order.
...independently on merit, uninfluenced by any observation made in this order.
6. With the aforesaid direction, writ petition stands disposed of....
...Vijender Jain, J.— This is an application filed by the defendant under Order 39 Rule 3, CPC. Mr. Lall, learned Counsel for the defendants has contended that the...been filed by the plaintiff. He has contended that although he has filed an application for vacation of stay on merit under Order 39 Rule 4 of the CPC but on the basis of non-compliance o...injunction. The Parliament in its wisdom has incorporated Rule 3 Order 39 of the CPC. Therefore, the compliance of aforesaid provision is not a mere formality but a mandatory...
...passed under Order 39 Rule 3(a) CPC. The impugned order passed in I.A.No.293 of 2019 in O.S.No.288 of 2019 on the file of the Junior Civil Judge, Hindupur, is an ad interim injunction ...under Order 39 Rule 3 CPC. Notices are yet to be served on the respondents therein and they have to file their counter and the petition has to be decided on merits to make the said ad interim injunction...to 3.
3). Now, it is well-settled law that police aid can be ordered in Writ Petitions only when there is a decree of permanent injunction or when a temporary injunction order was...
...Petitioner is defendant in the suit. An application under Order 39 Rules 1 and 2 CPC filed by the plaintiff was partially allowed by the trial Court, thereby, restraining the defend...Harpal Singh vs. Harmohinder Singh and others 2013 (2) RCR (Civil) 892, the order appointing local commission is not revisable. The petitioner would be at...
...filed by
pet it ioner, fix ing 04.12.2024.
3. The order impugned in the writ pet it ion is
in consonance with the provisions contained in
Order 39 Rule 3 ...
order w ith
Signatures
COURT’S OR JUDGE’S ORDERS
W PMS No. 3 2 8 8 of 2 0 2 4
Hon’ble Manoj Kum ar Tiw ari, A.C.J.
Mr. Siddhartha...Singh & Mr. D.S. Negi,
Advocates for the pet it ioners.
2. This is plaint iff’s pet it ion challenging the
order dated 25.11.2024, passed by learned Tr ial...
...lies against an order of the Court refusing to pass an ex parte order of ad interim injunction without notice as provided under O. 39, Rule 3, CPC.5. Normally, earlier decision of t...Rule 1 or 2 of Order 39 and accordingly is an order thereunder since Order 39, Rule 3, CPC, does not envisage any ...party against whom the order is sought for is to be given opportunity of being heard since an adverse order is prayed is to be passed against him. This is reflected under Order 39, Rule ...
...comply with the provisions of Order 39 Rule 3 CPC within three days.
...Defendant by ordinary process, registered A. D. post as well as through approved courier returnable for 2nd april, 2008.
(4) IA No. 1475/2008 (u/o 39 R 1and2 CPC) Notice of the application...property in question in favour of the Plaintiff. The suit prima facia is maintainable before this Court. Let the plaint be registered as suit.
(3) SUMMONS of the suit be sent to the...