Court No. - 38
Case :- MATTERS UNDER ARTICLE 227 No. - 1363 of 2019 Petitioner :- Ajay Pal Respondent :- Shivrani And 5 Others Counsel for Petitioner :- Shri Krishna Mishra Hon'ble Jayant Banerji,J.
Heard Shri Shri Krishna Mishra, learned counsel for the petitioner.
This petition has been filed for a direction to the Civil Judge (Junior Division), Bidhuna, Auraiya to decide the application 6- C filed in Original Suit No.476 of 2018 (Brijrani & Ors. v. Shivrani & Ors.) dated 10 October 2018 and direct the respondents not to interfere in peaceful possession of the petitioner over the land in dispute bearing Land No.3, area 0.242 hectares, situate at village-Narayanpur Bhanu, Pargana Bidhuna, District Auraiya.
The contention of the learned counsel for the petitioner is that despite the pendency of the application for temporary injunction for extremely long period, the same is not being decided by the court below.
It is seen from the perusal of the plaint that has been enclosed as Annexure-2 to the writ petition that the sole relief sought by the plaintiffs is for cancellation of the sale deed dated 15 September 2018. No relief for injunction has been sought.
That being the case, no temporary injunction can be granted to the petitioner in view of the Uttar Pradesh Amendment pertaining to Order XXXIX, Rule 2 of the CPC.
The petition is misconceived and is, accordingly, dismissed.
Order Date :- 28.2.2019/SK (Jayant Banerji, J.)