N BHARATH KUMAR Vs. SHARDA

JUDGEMENT

(1.) This is a defendant's appeal against the order dated 05.12.2009, ranting an ex-parte temporary injunction, restraining the defendant from obstructing the plaintiffs peaceful possession and enjoyment of suit schedule property.

(2.) Sri V. Tarakararm, learned Senior Counsel appearing for the defendant submits that admittedly the impugned order is an ex parte temporary injunction and the learned Trial Judge has posted the matter to 13.01.2010, which is contrary to the provisions of Order 39, Rule 3-A of the Civil Procedure Code, 1908, and submitted that if an ex-parte temporary injunction is granted, the application should be disposed of within 30 days from the date ofgranting it. The ex-parte temporary injunction was granted on 05.12.2009. Admittedly, the matter is posted to 13.01.2010, which is beyond a period of 30 days and contrary to the provisions of Order 39, Rule 3-A of the Civil Procedure Code, instead of hearing the matter within 30 days from 05.12.2009, learned Trial Judge has posted the matter on 13.01.2010.

(3.) It is suffice to dispose of the application within 30 days after hearing the objections/application for vacating ex parse temporary injunction.