Court No. - 34
Case :- MATTERS UNDER ARTICLE 227 No. - 4805 of 2020 Petitioner :- Afsar Ali And 4 Others Respondent :- Anwar Hussain And 3 Others Counsel for Petitioner :- Parvesh Kumar Pandey,Sarvesh Kumar Pandey
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners.
The instant petition has been preferred seeking the following reliefs:-
"i) pass an order setting aside the order dated 01.12.2020 passed by respondent no.4/Civil judge, (S.D.) Moradabad in application 6C in Civil Suit No.704 of 2020 (Afsar Ali and others vs. Anwar Hussain and others) pending before the court below.
ii) Issue suitable direction to the defendants/respondents, restraining them from, creating any third party right over the suit property or changing its nature by the demolition of the constructions existing there, situated in Mohall Fatehulla Ganj, Tehsil Thakurdwara, District Moradabad, till the disposal of the 6C application, pending before respondent no.4/Civil judge, (S.D.) Moradabad in Civil Suit No.704 of 2020 (Afsar Ali and others vs. Anwar Hussain and others).
iii) Issue suitable direction to the respondent no.4/Civil judge, (S.D.) Moradabad to decide the application 6C pending before the court below in Civil Suit No.704 of 2020 (Afsar Ali and others vs. Anwar Hussain and others), within the certain stipulated time as fixed by this Hon'ble Court."
Bearing in mind the fact that the suit itself was instituted in 2020, no cause arises for this Court to issue the writs as prayed for. This more so since the petitioner has failed to establish that the roster of the concerned Court would warrant such a direction being framed.
The writ petition is dismissed.
Order Date :- 21.1.2021 Vivek Kr.