...Order 39 Rule 4 for vacating the stay. In paragraph 7 of the application, it was stated that the property in suit was a commercial property which consisted of a shop on the groun...existing structure till disposal of the application under Order 39 Rule 1 & 2.1 am informed that though by passing orders on application under ...under Order 39 Rules 1 & 2 was also virtually decided but the sarpe has not been disposed of till date. (3) AFTER the dismissal of the application under Order ...

...knowledge from the application under Order 39 Rule 4 by the present petitioner. He further contended that the story which they have mentioned in their application under...petitioner in connection with his application under Order 39 Rule 4, it appears to me that the present petitioner/defendants' main stand is such that they are owners of the prop.... I want to put it on record that on the same day learned Court below passed two orders i.e one is under Order 39 Rule 4 application and other is in connection with...

...dated 24.8.2009 passed by Civil Judge (Jr. Division), Moga whereby, while adjourning the case for hearing an application filed under Order 39 Rule 4 of the Code of Civil Procedure, 1908 (...Order 39 Rule 4 CPC was yet to be considered when the stay already granted was vacated. It is also submitted that if the stay was to be vacated on the same day then there was no question ...under Order 39 Rule 4 CPC. 3 I find force in the arguments raised by the petitioners. There is a patent error in the impugned order passed by the learned Court b...

...submits that the petitioner has filed an application under Order 39 Rule 4 CPC for recall of the exparte interim injunction order dated 01.08.2019. The application was filed on 25.10.2019...to him. However in case the application under Order 39 Rule 4 CPC for vacation of the interim injunction passed on the application under Order 39 Rule 1 and 2 CPC, which... petition is disposed of with liberty to the petitioner to move an appropriate application before the concerned court for expeditious disposal of his application filed under ...

...vacating the exparte temporary injunction by filing an application under Order 39 Rule 4 of CPC before this court. The learned counsel submit that he would make necessary ...Order 39 Rule 4 of CPC with an advance application and in that eventuality, the Trial Court is directed to dispose of that application expeditiously by.... The Appeal is dismissed. However, the appellants are permitted to file necessary application under Order 39 Rule 4 of CPC before the Trial Court if necessary with an advance ...

...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...Order 39 Rule 4 C.P.C., the court below would consider the same, expeditiously, in accordance with law, preferably, within...

...application under Order 39 Rules 1 and 2 before the Court below and after contested hearing, got an order of status quo as on that date. The petitioner submitted that he has not filed an ...filed an application for police help under section 151 of the CPC praying for implementation of the order of injunction passed by...help should be allowed.4. Let the order passed by the learned Court below rejecting the police help stands rejected.5. As the opposite party had deliberately violating the...

...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 3 CPC has been done in terms of order dated 04.02.2020 and he further submits that no notice of caveat was served on the respondent. 4. Without...

...application filed by the appellant as also by respondent no. 1 under Order 39 Rule 4 CPC have been dismissed. 3. Both applications had sought vacation of order dated 25.02.201...the impugned order. 11. The impugned order notes that an application under Order 39 Rule 4 CPC is permissible only if in the application seeking temporary i...dated 13.08.2015. 16. Since the application filed by the appellant does not satisfy the requirements of the second proviso to Order 39 Rule 4 CPC, the orders dated 25.02.2013 and 13.0...

...challenging order dated 23.12.2022 passed in Regular Suit No.1388 of 2022 whereby directions have been passed for deciding the application under Order 39 Rule 4 of the Code along with decision on ...subsequently filed an Application under Order 39 Rule 4 of the Code. The plaintiff-revisionists filed objections regarding maintainability of Application under Order 39 ...Order 39 Rule 4 of the Code was not maintainable. It is submitted that upon such an application having...

...restoration of possession was passed, an application was filed under order 39 rule 4 of the Code of Civil Procedure and in view of pendency of such application, the subs...of the application under Order 39 rule 4 CPC. The said reason does not appear to be sustainable since so long the interim order remains the benefit of such ...39 rule 4 and to consider the application under order 39 rule 4 of the Code of Civil Procedure along with the ...

...contended that in a suit filed by the plaintiff-respondents, an application under Order 7 Rule 11 (d) CPC has been filed along with an application under Order 39 Rule 4 CPC by th...to decide the application under Order 7 Rule 11 (d) CPC along with application under Order 39 Rule 4 CPC filed in Original Suit No.132 of 2023, after hearing all the concerned pa...accordance with law expeditiously preferably within a period of four months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition...

...application filed by the defendants under Order 39 Rule 4 read with Section 151 CPC. By the said application the defendants had sought vacation of the ex parte ...observations with regard to the procedure adopted by the learned Single Judge while dealing with the application of the defendants filed under Order 39 Rule 4 CPC....under Order 39 Rule 4 CPC wherein the defendants had prayed for vacating the ex parte order of injunction granted in plaintiff's favour. Instead of taking the said ...

...application under Order 39 Rule 4 CPC for setting aside the injunction order. 4. At this stage, learned counsel for the petitioner submitted that petitioner will file an ...Order 39 Rule 4 CPC, within a week. 5. In case such an application is filed, the same shall be considered and decided by the Civil Judge (Senior Division), Sant Kabir Nagar, within next three...record. 2. This writ petition has been filed against the order dated 28.5.2025 passed by the Civil Judge (Senior Division), Sant Kabir Nagar. By the order dated 28.5.2025, the ex parte interim...

.... The petitioners filed an application under Order 39 Rule 4 of the Code of Civil Procedure for variation and/or modification of the ad interim order of injunction passed in the suit. The learned ...by the order impugned has set aside the order of the learned trial Judge thereby remanding the application under Order 39 Rule 4 of the Code to the Court below for hearing of the said ...application under Order 39 Rule 4 of the Code.5. The learned trial Judge shall decide the said application in accordance with law obviously any observation of the appeal Court in...

...application preferred by the original defendant No.1 to vacate the interim injunction earlier, in exercise of powers under Order 39 Rule 4 of the Code of Civil Procedure, 1908 (hereinafter referred to...submitted under Order 39 Rule 4 of the CPC pointing out the subsequent development and the directions issued by SAMA and the RBI. It appears that pending the said application, the IDBI vide its letter date...02.09.2014. It is further submitted that the impugned order passed by the learned trial court rejecting the application Exh.24 is just contrary to the provisions of Order 39 Rule 4 of the CPC. [6....

...under Order 39 Rule 4 CPC has been filed on 19.05.2025, which is pending consideration. In view of the said facts, in case the said application under Order 39 Rule ...said order, the defendants- petitioners have a remedy of filing a misc. civil appeal under Order 43 Rule 1 (r) CPC. However, learned counsel for the petitioners submits that an application...the suit instituted by plaintiffs-respondents, an application for grant of temporary injunction was moved which was allowed by the trial Court on 17.04.2025. This Court finds that against the...

...time-limited temporary ad interim order to file a substantive application under Order 39 Rule 4. That rule with its two provisos reads thus : "...." (Emphasis added) 23. The two provisos are exactly in line with the formulation of Carr J set out earlier. It is true that Order 39 ...proviso contemplates a situation where an injunction has been made after notice and both sides were heard. We are of the considered view that an Order 39 Rule 4 substantive application by the defendant is...

...direction in the nature of mandamus directing the court below / Civil Judge, (Junior Division), Haveli, Azamgarh to decide the Recall Application under Order 39 Rule 4 read with section 151 of C.P.C.... (Annexure No.2 to the writ petition." 2. It is contended by learned counsel for the petitioner that an application under Order 39 Rule 4 CPC is pending consideration since 30.07.2024. The sole p...Order 39 Rule 4 CPC. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing n...

...application under Order 39 Rule 4 CPC for staying the operation of the order passed under section 250 of the M.P.L.R.C. on the liberty granted by this Court inW.P.No.3010/2017 vide order ...39 Rule 1 and 2 CPC, an application under Order 39 Rule 4 CPC has been filed, which has been dismissed not for want of maintainability, but by...-quo order in W.A.No.1467/2024, annexure P/7, but he prays that in case such need arises, he may be given liberty to file appropriate and properly constituted application with prayer for interim...