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Showing contexts for: Jwalapur in Balwant Singh Chauhan & Anr. ... vs Mahavidyalaya Sabha Jwalapur Haridwar ... on 14 May, 2019Matching Fragments
3. Feeling aggrieved by order dated 07.02.2019, petitioners preferred miscellaneous Civil Appeal No. 20 of 2019, Balwant Singh Chauhan & anr. vs. Mahavidhyalaya Sabha Jwalapur & ors. The appellate court by impugned order dated 20.04.2019 dismissed the appeal. Hence, present writ petition.
4. Heard learned counsel for the parties and perused the material available on record.
5. Mr. Rakesh Thapliyal, learned counsel for the petitioners would submit that the trial court has passed the ex-parte order without recording its satisfaction that plaintiff has prima facie case, balance of convenience and irreparable loss in his favour. He would further submit that unless the court is convinced that plaintiff has prima facie case, balance of convenience and irreparable loss, the court should not have passed the ex-parte injunction order. It is further contended that in case of urgency, court may fix early date inviting objection from the defendants, but, the court has not recorded the reasons and observed that in case ex-parte injunction is not granted, then the purpose of the plaintiff would frustrate and passed ex-parte injunction order.