Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 25 of 2010 Petitioner :- Beersen & Another Respondent :- Civil Judge (Sr.Div.) Muzaffarnagar & Ors. Petitioner Counsel :- Nipun Singh Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioners.
This writ petition is being disposed of finally at this stage without
noticing the private respondents. However, their rights to seek
variation or modification of the order is being kept reserved.
Suit was filed by the plaintiff-petitioners seeking injunction to
restrain the defendant-respondents from interfering in their
possession over the suit property shown by letters ‘A’, ‘B’, ‘C’, ‘D’,
‘E’, ‘F’ and ‘A’ in the plaint and not to eject them forcibly. Suit was
filed on the allegations that land was given on licence for a period
of twenty years for establishment of brick-kiln. An application for
temporary injunction was also moved. Trial court vide order dated
13.10.2009 granted time to the defendant-respondents to file
objection and fixed 15.10.2009 for disposal.
It is contended by the learned counsel for the petitioners that
thereafter the case was fixed on 15.10.2009, 24.10.2009,
30.10.2009, 13.11.2009, 8.12.2009 and again 11.1.2010 but the
application for temporary injunction was not decided even though
the defendants had filed their objection. It is further submitted that
taking advantage of the fact that there was no temporary
injunction, the defendant-respondents are forcibly tried to evict
them and demolish the brick-kiln on 7.1.2010. On 11.01.2010, the
petitioners moved urgency application before the Civil Judge
(Senior Division), Muzaffarnagar to decide the application for
temporary injunction which was directed to be taken up on the date
fixed. Learned counsel for the petitioners further contends that
taking advantage of the fact, the defendant-respondents are trying
forcibly to evict the petitioner and demolish their brick-kiln.
Considering the facts and circumstances, this petition stands
finally disposed of with direction to the Civil Judge (Senior
Division), Muzaffarnagar to decide the application for temporary
injunction moved by the plaintiff-petitioners in Original Suit No.
1071 of 2009, Beersen and another Vs. Kidar Singh and others
expeditiously, preferably, within a period of six weeks from the
date of presentation of a certified copy of this order before him in
accordance with law and after notice and opportunity of hearing to
all concern.
Till the disposal of the temporary injunction application, as
directed aforesaid, parties to the writ petition are directed to
maintain status quo with respect to nature and possession over the
suit property as it exists today.
Order Date :- 27.1.2010
Dcs