Huluvadi G. Ramesh, Bharat Bhushan, JJ. - (1.) Heard learned counsel for the parties and perused the record.
(2.) The instant appeal has been filed against the ex-parte interim injunction order dated 23.3.2015 passed by the Civil Judge (Senior Division), Bijnor in Original Suit no.204 of 2015 (Parmarth Marketing Pvt. Ltd. v. Ranjeet and others).
(3.) The respondent-plaintiff filed the suit for permanent injunction directing the appellant-defendants not to interfere in its possession over the land of khasra no.100, 101, 102/1, 103 and 108 situated within the limits of Nagar Palika Parishad, Bijnor in Mauza Faridpur Khema. Along with the plaint, an application for ad-interim injunction under Order 39, Rule 1 and 2 CPC was also filed. The Civil Judge (Senior Division), Bijnor without serving any notice upon the defendants appellants and without considering objection under Order 39, Rule 3 C.P.C. on the interim injunction application. granted ex-parte interim injunction order vide order dated 23.3.2015. The defendants appellants filed their objection on 6.4.2015 along with the written statement stating therein that the sale deed on the basis of which the plaintiff-opposite party is claiming its right, is a null and void document and on the basis of the same, he has no right over the property in dispute which belongs to Church and its Society.;