Court No. - 4 Case :- WRIT - C No. - 940 of 2010 Petitioner :- Kailash Chandra Rathore Respondent :- Munna Lal & Ors.
Petitioner Counsel :- Swapnil Kumar
Hon’ble Krishna Murari, J.
Heard learned counsel for the petitioner.
This writ petition has been filed seeking the following main reliefs.
“A. To issue writ, order or direction in the nature of certiorari quashing
the order dated 14.12.2009 passed by the Incharge Civil Judge (Senior
Division), Etah in Original Suit No. 563 of 2009, Munna Lal Vs. Kailash
Chandra & Other (as contained in Annexure No. 5 to the writ petition).
B. To issue writ, order or direction in the nature of certiorari quashing
proceeding of Original Suit No. 563 of 2009, Munna Lal Vs. Kailash
Chandra & Ors.”
It is contended by the learned counsel for the petitioner that the
defendantrespondent no. 1 earlier filed Original Suit No. 77 of 2009,
Munna Lal Vs. Smt. Meena & Ors. before Civil Judge (Senior Division),
Etah for cancellation of sale deed dated 16.02.2009 and 19.02.2009 for
permanent injunction restraining the petitioner from interfering in his
possession. It has further been contended that an application for
temporary injunction was also filed but the same is pending disposal and
concealing the factum of filing earlier suit, another Suit No. 563 of 2009
for mandatory injunction directing the defendantpetitioner to execute the
sale deed of the shop in dispute in his favour, has been filed. The trial
court while issuing notices has granted temporary injunction. Ιt is also
contended that the suit is barred in view of the provisions of Order ΙΙ
Rule 2 C.P.C. and grant of temporary injunction is beyond the scope of
the suit.
Be that as it may, it is open to the petitioner to approach the trial court
with the above facts by filing a proper objection and this Court has no
reason to believe that in case any such application is filed, the same
shall not be considered by the trial court in accordance with law
expeditiously.
In view of above, there is no scope for this Court to interfere at this
stage.
The writ petition, accordingly, fails and stands dismissed.
11.01.2010
VKS/ WP 940/10