Court No. - 4 Case :- WRIT - C No. - 38948 of 2010 Petitioner :- Avdhesh Kumar Respondent :- Ram Sagar Yadav & Others Petitioner Counsel :- Ramesh Chand Tiwari,S.M.A. Abdy Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
The sole grievance of the petitioner is that the trial court has not decided the
temporary injunction application in suit filed by him and taking advantage of
the said fact, the defendant respondents have started constructions and have
started putting earth over the land in suit by dumpers and are levelling it by
JVC machines. It is contended that despite documentary evidence in the form
of Khasra and Khatauni, which went to establish the prima facie title and
possession of the petitioner no.1 and proforma respondents 5 to 15, the court
below wrongly and illegally refused to grant injunction and only issued
notices and that even though defendant no.1 has put in appearance but the trial
court granted adjournment and fixed 12.7.2010.
Considering the facts and circumstances, no useful purpose would be served
by keeping this petition pending and calling for counter affidavit.
Considering the fact, the writ petition stands disposed of with the direction to
the Civil Judge ( Jr.D.), Jaunpur to make every endeavour to decide the
temporary injunction application on the date fixed, which is stated to be
12.7.2010, on merits and in accordance with law, after notice and opportunity
to all concerned. However, if for any unforeseen circumstance the trial court
is not able to decide the temporary injunction matter on the date fixed, it shall
grant adjournment for a short time and in any view, shall decide the
temporary injunction matter within 10 days thereafter.
Till the disposal of the temporary injunction application, parties are directed
to maintain status quo over the property in suit as it exists today. It is made
clear that the trial court shall decide the temporary injunction application
without being influenced by any of the observations made herein.
The writ petition stands disposed of.
Order Date :- 7.7.2010
SM