Injunction
P.S.Subbaraman
(Querist) 20 September 2009
This query is : Resolved
If injunction is not granted by the trial court, then whether ordering notice to the respondents is appealable or whether the same can be challenged under Article 227 of the Constitution of India ?Any case laws ?riven
Adinath@Avinash Patil
(Expert) 20 September 2009
There is provision provision for appeal against first order Show cause ntoce/not granting ex parte Temparary Injunction.But that will take its own time hence it is better You can file apllication for your emergency in trial court to ask defendant to file say on T.I.application & get early date of hearing on T.I. application and argue on T.I. application.
You can file appeal before applellate court & also file writ petition but that will take unneccary time.
It is better to press T.I. application hearing at earleat.riven
Sachin Bhatia
(Expert) 20 September 2009
Agreed with Mr.Adinathriven
Bhumik Dave
(Expert) 21 September 2009
Well describe by Adinathji.riven
vinjamuri ranga babu
(Expert) 21 September 2009
hi,
no you cann't challege the same u/s227. Since, because no order was passed in the said application finally. So, insist the court for passing of appropriate orders with in the time or otherwise, file another application by out of order stating fresh state of affairs and nature of urgency. You can get positive orders.
vrriven
