S.R.Singh, J. - (1.) HEARD Sri Sudhir Chandra, learned Senior Advocate, assisted by Sri Rajesh Tandon for the petitioner and perused the impugned order dated 1.4.1995 which is in the nature of an interim order staying the operation of the trial court's order dated 10 -3 -1995 during the pendency of the appeal preferred against the order dated 10 -5 -1995. It transpires from the record of the writ petition that the plaintiff petitioner moved an application for ad -interim injunction under Order XXXIX, Rule 1 of the Code of Civil Procedure. Learned Munsif, Rishikesh, vide order dated 10 -3 -1995, granted ad -interim injunction without notice to the defendants on the ground that if the defendants were not restrained from interfering with the possession of the plaintiff, the latter would suffer irreparable loss. While granting ad -interim injunction the trial Court had fixed 6 -4 -1995 for filing objection by the defendant and disposal of the application for ad -interim injunction. The miscellaneous appeal against the said order seems to have been preferred on 1 -4 -1995 along with an application for stay. Learned Additional District Judge, as slated above, stayed the operation of the trial Court's order on the ground that the trial Court while granting ad -interim injunction failed to record its opinion that the objection of granting ad -interim injunction would be defeated and the reasons for granting ad -interim injunction without notice to the defendants.
(2.) THE matter was put up before the Court on 19 -4 -1995 on which date it was ordered to be put up on 21 -4 -1995 in as much as the Appellate Court had fixed 20 -4 -1995 for hearing of the appeal. Learned Counsel for the appellant filed an affidavit bringing on record the order dated 20 -4 -1995 passed by the Appellate Court thereby adjourning the hearing of the appeal to 26 -4 -1995. Having heard learned Counsel for the parties and having regard to the facts and circumstances of the case, I am of the view that the writ petition may be disposed of without notice to the respondents with the observation that in case the appeal itself is not disposed of on merits on the date fixed, viz. 26 -4 -1995 and the matter is adjourned for any reason other than the reason of adjournment by the petitioner, the parties shall, in that event, maintain status quo till disposal of the appeal by the Lower Appellate Court. The reason is that the order of ad -interim injunction was operative till 6 -4 -1995 which was the date fixed for filing objection by the defendants and disposal of application for ad -interim injunction moved by the plaintiff. But the trial Court could not take up the matter on the date fixed due to the impugned order and the appeal could not be decided due to adjournment by the defendant. The petition is disposed of accordingly.;