LAWS(UTN)-2008-7-18

HARBANSH LAL Vs. SHIKHA GHOSH

Decided On July 04, 2008
HARBANSH LAL Appellant
V/S
SHIKHA GHOSH Respondents

JUDGEMENT

(1.) THE impugned order was passed on 23rd February, 2007. By the force of this order by granting ad-interim ex-parte injunction, the learned District Judge directed the learned trial court to dispose of the temporary injunction application and till its disposal status- quo was ordered to be maintained by the parties qua the property in question. This petition has been filed one and a half years later. The petitioners no where stated as to when did they come to know about the passing of this order. The absence of such an averment gives rise to a presumption that the petitioners must have known about the passing of this order within a few days of its passing.

(2.) THIS is a wholly misconceived petition because of the fact that, first and foremost it has been filed one and a half years after the passing of the impugned order and secondly the trial court being seized of the matter what happened in the trial court in the temporary injunction matter during this period of one and a half years has not been disclosed by the petitioners in this petition. The petition is dismissed.