Qamar Siddiqi and 3 Others v. Shoeb Alam and 2 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 11139 of 2023 Petitioner :- Qamar Siddiqi And 3 Others Respondent :- Shoeb Alam And 2 Others Counsel for Petitioner :- Javed Husain Khan,Gulrez Khan,Hriday Raj Tripathi,Sr. Advocate Hon'ble Prakash Padia,J.

¶1Heard Sri W.H. Khan, learned Senior Advocate, assisted by Sri Hriday Raj Tripathi, learned counsel for the petitioners and perused the record.

¶2The present writ petition under Article 227 of the Constitution of India has been filed inter-alia with a prayer to set aside the order dated 03.12.2022 by which ex-parte interim injunction was granted in favour of plaintiffs-respondents, which was extended from time to time.

¶3It is argued that though an application to vacate the aforesaid order, has already been filed by defendants-petitioners on

26.09.2023, copy of which has been appended at page No. 17 to the writ petition, but till date no decision has been taken on the said application. It is further argued that injunction order granted by the court below is absolutely illegal, no specific reason has been assigned while passing the order.

¶4Learned counsel for the petitioners has placed reliance on paragraph no.4 of the judgment delivered by Hon'ble Apex Court in the Case of Rayat Shikshan Sanstha Versus Suneel Shiva Gaikwad reported in (2010) 15 S.C.C 539.

¶5It is argued that the injunction granted by the court below in favour of plaintiffs-respondents is absolutely illegal and same is liable to be set aside and in view of proposed to be passed, no useful purpose would be served to keep the matter pending. It appears from the injunction granted by the trial court in favour of plaintiffs-respondent,same has been passed without assigning any specific reason, since the application to vacate the order, has already been filed by the defendants-petitioners as stated above.

¶6In view of the matter, in the interest of justice, the writ petition is disposed of, directing the court below before whom application is pending to pass appropriate order on the aforesaid application, if possible before the next date fixed, preferably within a period of four weeks from the date of production of certified copy of this order. Order Date :- 8.11.2023 T.S. High Court of Judicature at Allahabad