2025:UHC:3353 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPMS 1048/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Sagar Kothari, Advocate, for the petitioner. Mr. Ketan Joshi, Advocate, for the respondent. (2) Petitioner has filed a suit for mandatory injunction, in which he filed an application seeking temporary injunction. Learned Trial Court has issued notice on petitioner’s application fixing 5.5.2025. Petitioner has challenged the said order on the ground that learned Trial Court should have granted ex parte ad interim injunction in favour of the petitioner. (3) This Court is not impressed by the said submission. The course adopted by learned Trial Court is strictly as per law. Rule 3 of Order 39 CIPC reads as under: “3. Before granting injunction, Court to direct notice to opposite party.—The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party: Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reason for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant— 2025:UHC:3353 (a) To deliver to the opposite party, or to send to him by registered post, immediately after the order granting the injunction has been made, a copy of the application for injunction together with— (i) a copy of the affidavit filed in support of the application; (ii) a copy of the plaint; and (iii) copies of documents on which the applicant relies, and (b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent.” (4) As per the aforesaid provision, issuance of notice is rule and grant of ex parte ad interim injunction is exception. Thus there is no scope for interference in the matter. Writ petition, however, is disposed of with a request to the Trial Court to consider petitioner’s temporary injunction application on the next date fixed, provided all the respondents are served. (Manoj Kumar Tiwari, J.) 1.5.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3 aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB5880 52DF6FCA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.05.06 18:16:52 +05'30' 2025:UHC:3353