ATUL KUMAR GUPTA Vs. MITTHAN LAL AGGARWAL

JUDGEMENT

(1.) Cm APPL. 28851/2019

(2.) By the impugned order, the learned Additional District Judge has issued notice in an appeal filed by the petitioners against an order of the Trial Court dated 22.04.2019. The Trial Court allowed an application filed by the respondents herein under Order VII Rule 11 of the Code of Civil Procedure, 1908 ["CPC"] and thus rejected the plaint in the suit filed by the petitioners. The grievance of the petitioners is that while issuing notice in the appeal, the Appellate Court has declined their prayer for ex-parte interim injunction, restraining the respondents from interfering and obstructing the peaceful living and enjoyment of the suit property [16/15, Alipur Road, Civil Lines, Delhi-110054].

(3.) In view of the fact that notice has been issued in the appeal before the learned Additional District Judge and the controversy raised before this Court concerns the petitioners' entitlement to an ex-parte order, I do not consider it necessary to issue notice in this petition, which can be disposed of at this stage.