ZUBER AND ORS. Vs. SHAMEEM AND ORS.

JUDGEMENT

(1.) THE present petition has been filed assailing the judgment and order dated 22.3.2011 passed by Additional District Judge, Gonda in Civil Appeal No. 16 of 2011 Anwar Hussain and Ors. v. Shamim and Ors. where he has confirmed the judgment and order dated 5.2.2011 passed by the Additional Civil Judge -III (J.D.), Gonda which resulted that the application No. C -2/7 moved by the Petitioner -Plaintiffs has been rejected for restoring an ex parte order for temporary injunction.

(2.) SRI Indrajeet Shukla, learned Counsel for the Petitioners, submits that the Petitioners -Plaintiffs filed a suit for permanent injunction bearing Suit No. 810 of 2010 against the Respondents -Defendants No. 1 to 3 with regard to the land in question. Along with the suit, the Petitioners -Plaintiffs also filed an application under Order 39 Rule 1 and 2 Code of Civil Procedure for grant of interim injunction which was granted. Later, it was vacated by the Additional Civil Judge (J.D.) -III and the same was confirmed by the Additional District Judge, Gonda.

(3.) AFTER hearing learned Counsel for the Petitioner at length and on perusal of the record, it appears that on 12.5.2010, the trial court passed an interim order which was 2 ex parte. Thus, an interim order/injunction was passed ex parte. All the parties in the suit/petition are related to each and are resident of the same village. They are also involved in a criminal case. The trial court vacated the ex parte stay order after hearing the opposite -parties.