- (1.) Heard Sri Abhinandan Kumar Pandey, learned counsel for the petitioner and gone through the record.Facts in brief are that the petitioner filed a suit for permanent injunction registered as Original Suit No. 1069 of 2010, (Smt. Guddi Devi v. Pappu Sharma and Others) before the Civil Judge (Junior Division), Hawali, District Lucknow.
(2.) In the said suit, he moved an application for grant of temporary injunction under Order 39 Rule 1 C.P.C., came up for consideration before the Court below on 25.11.2010 and the trial court after going through the document on record had came to the conclusion that before granting the temporary injunction,it is expedient in the interest of justice to hear the defendant in the suit accordingly, notices have been issued to the respondents to file their objections and the date fixed in the matter as09.12.2010 and next date is fixed is 24.12.2010.
(3.) Order dated 25.11.2010 passed by the trial court/opposite party no.1 is under challenged. On the ground that the same is contrary to the facts of the case and on the basis of the documents on record trial court should have granted injunction in favour of plaintiff/petitioner.;