Court No. - 3 Case :- REVIEW PETITION No. - 4 of 2010 Petitioner :- J.P.Brick Field Rae Bareli Thorugh Its Prop. 7210(M/S)2009 Respondent :- Civil Judge (S.D.) Rai Bareli And Ors. Petitioner Counsel :- Sudhir Kumar Pandey Hon'ble Shri Narayan Shukla,J.
Heard Mr. S. K. Pandey, learned counsel for the petitioner as well as Mr.
Deelip Pandey, learned counsel for the opposite parties.
The petitioner has moved the present application for review the order dated
21.12.2009 passed by me, whereby though this Court did not entertain the
writ petition but provided that till disposal of the application for temporary
injunction, the brick kiln shall not be energized.
The learned counsel for the applicant submits that the Division Bench of this
Court in writ petition No. 8814 (M/B) of 2009 passed an interim order dated
09.10.2009 to the effect that if the Bhatta is constructed, which is being done
at the own risk of the respondents, the same shall not be energized till next
date of listing. Subsequently, by means of order dated 18.12.2009, the writ
petition was dismissed with the observation that the dismissal of the writ
petition would not come in the way of the petitioner or the respondent No.4
by putting the respective claims before the Court concerned or the appropriate
forum. Now, the opposite party concerned has filed a suit before the Civil
court, which has been registered as Civil Suit No. 1130 of 2009 along with
application for temporary injunction,which is still pending consideration.
Despite the order passed by this Court on 24.12.2009 to dispose of the
application either on 08.01.2010 or on some other date, which shall be fixed
in the next week itself, till date no application has been disposed of, whereas
after 08.01.2010 the matter has been listed on 13.01.2010 and now the next
date is fixed on 20.01.2010 for final disposal of the application for temporary
injunction.
Since the writ petition itself has been dismissed, I am of the view that there
should not be any interim order by this Court in the matter, therefore, I
hereby recall the order dated 21.12.2009 and I hereby dispose of the writ
petition with the direction to the Court below to dispose of the application for
temporary injunction tomorrow itself after providing opportunity of hearing to
the parties concerned.
The review petition is allowed.
Order Date :- 19.1.2010
PR/-