Court No. - 33 Case :- MATTERS UNDER ARTICLE 227 No. - 230 of 2010 Petitioner :- Awadhesh Kumar Respondent :- Ram Sagar Yadav & Others Petitioner Counsel :- Chandra Jeet Yadav Hon'ble Ran Vijai Singh,J.
The petitioner(plaintiff) appears to be aggrieved by order dated 15.6.2010,
passed by Civil Judge(Junior Division), Jaunpur in O.S. No.663 of
2010(Awadhesh Kumar Vs. Ram Sagar and others), by which the learned
Judge has fixed 2nd July, 2010 for consideration of application for interim
relief (Paper 6-C & 7), requiring the petitioner to file Khatauni by 2nd July,
2010.
It is contended by the learned counsel for petitioner that Khatauni was filed
before the court below even prior to the passing of the order dated 15.6.2010,
but the court below has not considered the same and impugned order has been
passed without application of mind, requiring the petitioner to submit
Khatauni. In his submission there is every likelihood of his dispossession and
in case injunction application is not decided at an early date the matter shall
be frustrated. He has further prayed that a direction be issued by this Court
directing private respondents to maintain status quo with regard to the suit
property.
Considering the facts and circumstances of the case, it is provided that the
Court below shall pass an appropriate order on the injunction application filed
by the petitioner either on the date fixed i.e. 2nd July, 2010 or within four
weeks thereafter.
Subject to the above observations this writ petition is disposed of.
Order Date :- 23.6.2010
Mustaqeem.