Appeal against rejection of ad-interim injunction order
Pranav Sharma
(Querist) 16 June 2015
This query is : Resolved
If an application is filed in HC under O 39 R 1 & 2 for passing an ad-interim, ex-parte injunction against defendant before Single Judge. But Judge has rejected to grant ad-interim, ex-parte injunction, but application itself is not dismissed. Can an appeal be made against this order of Judge by Plaintiff? If yes, then under what section or order of CpC? or Plaintiff has to file Review or Revision Petition? Is there any case law on this subject which can be reffered? (Case Law preferably of Delhi HC or SC)
P. Venu
(Expert) 17 June 2015
Is there an Order declining ex-parte injunction?
Pranav Sharma
(Querist) 17 June 2015
AS no order is passed. Next date is given and prayer for ad interim injunction is rejected. So can appeal be made against it?
Dr J C Vashista
(Expert) 18 June 2015
Dear Ld. P. Sharma,
The court has not yet decided your IA u/s XXXIX R 1 &2 CPC but has issued notice to defendant to appear before grant/decline the ad-interim injunction. However, NDOH is given but prayer for ad-interim injunction is yet to be decided, only ex-parte has been declined for appearance of defendant, please recheck the order sheet.
It is not yet matured for appeal.
Regards.
Pranav Sharma
(Querist) 18 June 2015
Thank you Dr. J C Vashista sir. Will check the order sheet.
T. Kalaiselvan, Advocate
(Expert) 27 June 2015
This is not a rejection of the IA seeking injunction order including the ad-interim order. The court has issued notice to the opposite parties to appear and file heir counter/objection to the petition filed by you, so no revision or appeal lies.
