PRIYABANDHU Vs. NAGINA

JUDGEMENT

(1.) This writ petition has been preferred by the defendant/petitioner, challenging the order dated 13th July 2012, as passed by the ADJ/FTC, Haridwar in Miscellaneous Civil Appeal No. 139 of 2010, Nagina v. Kalawati, whereby, the Appellate Court, in an Appeal, preferred by the plaintiff/respondent herein, invoking the provisions contained under Order 41(1)(r) of CPC has allowed the Appeal and as a consequence thereto, the order of rejecting the temporary injunction by an order dated 22nd November 2010, in Suit No. 238 of 2006, Nagina v. Smt. Kalawati was reversed, as a consequence thereto the present defendant/petitioner was injuncted by the impugned order dated 13th July 2012.

(2.) When this petition was preferred and the respondents were noticed, the co-ordinate Bench of this Court had passed an interim order on 8th August 2012, whereby, by interim order, as rendered by the appellate Court's order i.e. dated 13th July 2012, injucting the petitioner, in a Miscellaneous Appeal preferred by the plaintiff/respondent was kept in abeyance. Meaning thereby, in fact, as a consequence of stay order of the coordinate Bench of this Court, the operation of injuction was kept in abeyance.

(3.) The said interim order, as granted by the coordinate bench of this Court, way back on 8th August 2012, is continuing to operate till date, and even in the writ petition also, no counter affidavit has been filed so far though respondents had put in appearance on 24.07.2012. This Court is of the view that tentatively without expressing any opinion on merits, it will absolutely be a futile exercise to keep such writ petition pending, where as against the order impugned, there operates an interim order, and simultaneously, the suit before the Court below is proceeding and also because when the respondent despite appearance has not filed the counter affidavit to deny writ averments.