ROOPA DEVI Vs. RAJESH GUPTA & OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) Petitioner/Plaintiff has filed a suit seeking relief of injunction and declaration before the court of Civil Judge (J.D.), Dehradun, which was registered as Civil Suit No. 177 of 2018. Along with her suit, plaintiff has filed a temporary injunction application, which came up for consideration before learned Civil Judge (J.D.), Dehradun on 24.04.2018. On the said date, learned trial court directed to issue notice to the defendant. Thereafter, the matter was fixed for 27.04.2018. On the next date i.e. 27.04.2018, learned trial court posted the matter for 11.05.2018.

(3.) It is the contention of learned counsel for the petitioner that keeping in view the urgency of the matter, learned trial court ought to have granted ex-parte temporary injunction in favour of the petitioner and this petition under Article 227 of the Constitution of India has been filed against refusal to grant ex-parte temporary injunction.