GYANIMAYA GURUNG Vs. BUCHNIYA DEBI

JUDGEMENT

(1.) The defendant in a suit for declaration, permanent injunction and other consequential reliefs, has preferred the instant revisional application against the refusal by the appellate court of an ad interim stay of operation of an ex-parte ad interim injunction order granted by the learned trial court.

(2.) Learned counsel for the petitioners submits that the trial court acted without jurisdiction and in violation of Order XXXIX Rule 3A of the Code of Civil Procedure in not disposing of the injunction application pending before it within 30 days and in not recording any reason for being unable to do so, apart from there being other irregularities in the order impugned in the instant revisional application.

(3.) Learned counsel cites a judgement reported at AIR 2000 SC 3032 (A. Venkatasubbiah Naidu v. S. Chellappan and others) wherein it was held, inter alia, as follows:-