- (1.) Heard Sri Islam Ahamad, learned Counsel for the petitioner. Petitioner has filed this petition for the quashing of the order dated 12.2.2014 passed by the Civil Judge, Junior Division, Kol, Aligarh in original suit No. 430 of 2011 by which the Court below has refused to extend the interim injunction and for a direction to extend the injunction order dated 2.8.2011 as the same was expiring on 12.2.2014. The petitioner had instituted a suit for permanent injunction. On 2.8.2011 she was granted ex parte interim injunction till the next date fixed and notices were directed to be issued to the other side. The said ex parte injunction was extended from time to time and was to expire on 12.2.2014. On the said, date, Counsel for the petitioner appeared and moved application for the extension of the stay order but as the Counsel for the other side was not present on account of the lawyers strike, the Court below in view of the order of the Administrative Judge dated 20.12.2013 refused to extend the stay order and fixed 3.3.2014 as the next date.
(2.) Learned Counsel for the petitioner submits that when the petitioner's Counsel had appeared there was no justification on part of the Court below to have refused to extent the injunction order in the absence of any changed circumstances. The administrative order could not have affected the judicial discretion of the Court.
(3.) In the supplementary affidavit Counsel for the petitioner has stated that in the Court below Sri Nand Kishore was appearing as Counsel on behalf of the petitioner. He was personally present on the date fixed for getting the injunction order extended. The said Counsel despite strike had appeared in all his three cases which were fixed on the said date. He has resisting the strike. The particulars of all the three cases in which his Counsel was appearing and the order sheet showing that he had actually appeared in all the cases has been filed with the supplementary affidavit.;