Court No. - 3 Case :- MISC. SINGLE No. - 3781 of 2010 Petitioner :- Jamuna Prasad S/O Indra Pal Singh & Anr. Respondent :- Civil Judge, Vth J.D., Faizabad & Ors. Petitioner Counsel :- Rajendra Pratap Singh Respondent Counsel :- C.S.C. Hon'ble Shri Narayan Shukla,J.
Upon perusal of record I find that under the garb of challenging the order
dated 14th of May, 2010, passed by the court below, whereby notices have
been issued to the defendants, the petitioner has prayed for issuing a writ of
mandamus to issue a direction to opposite parties not to create any
disturbance in peaceful possession of the petitioner, whereas I am of the view
that the relief can be granted by the court below. So far as direction to the
court below to dispose of the application for temporary injunction is
concerned, that is the jurisdiction of the court dealing with the cases under
Article 227 of the Constitution of India, arising out of CPC, therefore, the
Registry is directed to list this matter before the appropriate court on 5th of
July, 2010 as fresh.
Order Date :- 3.7.2010
Banswar