SHAREY BANTA AND ANOTHER v. RAM KRISHAN AND OTHERS
CMPMO/346/2025 · 2025-06-30
Bipin Chander Negi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17418 (HP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17418 (HP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:HHC:20608 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.346/2025
Date of Decision: 30th June, 2025.
Sharey Banta & Anr.
.....Petitioners Versus Ram Krishan and Ors.
…..Respondents
Coram
The Hon’ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1 For the Petitioners: Mr. Sumit Sood, Advocate.
For the Respondents: Nemo.
Bipin Chander Negi, Judge (oral).
The present petition has been filed for seeking following relief:-
“It is therefore, prayed that the present petition may very Kindy be allowed and time bound direction be issued to the learned Civil Judge Junior Division Court No.2(2), Shimla, to decide the application filed by the respondents under Order 39 Rules 1 and 2 of the CPC, 1908 registered as CMA No.340-6 of 2019 in Civil Suit No.75 of 2019, titled as Ram Krishan Vs. Chet Ram.”
2. Heard counsel for the petitioners and perused the pleadings and relevant zimni orders.
3. In terms of order proposed to be passed, there is no requirement for issuing notice to the other side. An ex parte ad interim injunction had been passed on 17.10.2019, by the learned trial Cout. Since then, the application under Order 39 Rule 1 and 2 CPC, is pending consideration.
1 Whether reporters of Local Papers may be allowed to see the judgment? YES
2 2025:HHC:20608
4. Order 39 Rule 3A reads as follows:-
“39. Temporary Injunction and Interlocutory Orders.
3(A). Court to dispose of application for inunction within thirty days. Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally disposed of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.”
5. From a perusal of the same, it is evident that in terms of the aforesaid relevant provision of Code of Civil Procedure, the application for grant of injunction should have been decided within 30 days from the date on which injunction has been granted i.e. 17.10.2019.
6. In view of the aforesaid, trial Court is directed to decide the application under Order 39 Rule 1 and 2 CPC, on or before
31.07.2025.
7. Accordingly, the present petition is disposed of, so also the pending application(s), if any.
(Bipin Chander Negi)
Judge
30th June, 2025 (Gaurav Rawat)