Court No. - 28 Case :- WRIT - C No. - 5503 of 1996 Petitioner :- Mohd. Idrish Respondent :- Civil Judge & Others Petitioner Counsel :- Ravindra Rai Respondent Counsel :- C.S.C. Hon'ble Sanjay Misra,J.
Heard Sri Ravindra Rai, learned counsel for the petitioner. Notice was issued to the
respondents and it was sent by registered post AD, however, none appears on
behalf of the respondents no.3 and 4.
The petitioner claims to be plaintiff of Suit No. 142 of 1992 (Mohd. Idrish Vs.
Mohd. Yusuf and others) before the Court of Munsif Deoband and is aggrieved by
the order dated 2.2.1996, whereby the appeal filed by the defendant against grant of
temporary injunction of the trial court has been allowed.
Learned counsel for the petitioner has submitted that the impugned order requires
to be set aside for the reason that the petitioner-plaintiff had claimed possession
over the property in dispute and without recording any finding regarding the
possession of the defendant, the first appellate court has set aside the order of
temporary injunction granted by the trial court.
A perusal of the record indicates that when this writ petition was filed, an interim
order dated 13.2.1996 has been passed, requiring the parties to maintain status-quo
with respect to the nature and possession of the property in dispute and the interim
order is still operative till date.
Since the contesting respondents have not put in appearance for the past more than
14 years, no fruitful purpose will be served in keeping this writ petition pending
any further because the suit itself was filed in the year 1992.
In view of the aforesaid circumstances, without going into merits of the impugned
order, it is provided that the status-quo as directed by the interim order dated
13.2.1996 shall continue till the disposal of the suit. The trial court is required to
decide the suit as expeditiously as possible since it is in the category of oldest case.
The writ petition stands disposed of.
No order is passed as to costs.
Order Date :- 3.8.2010
Lbm/-