Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 4917 of 2019 Petitioner :- Amar Nath Pandey And Another Respondent :- Mukesh Pandey And 7 Others Counsel for Petitioner :- Awadhesh Tiwari,Gulab Singh Yadav
Hon'ble Mrs. Sunita Agarwal,J.
Prayer in the present petition is to issue a direction to the Civil Judge (Senior Division), Ballia to decide temporary injunction application (6-C2) pending in Original Suit No. 60 of 2019 (Amar Nath Pandey and another vs. Mukesh Pandey and others).
It is contended by learned counsel for the petitioners that the respondents/defendants (second set) had sold the land of the petitioners to respondents/defendants (first set) through an imposter and at no point of time, the sale deed was executed by the petitioners/plaintiffs in Original Suit No. 60 of 2019.
It is contended that the petitioners/plaintiffs are the original owners of the suit land which has been devolved upon them through their ancestors.
Be that as it may, having perused the order sheet in Original Suit No. 60 of 2019, it appears that the defendants (first set) had put in appearance before the Court below by filing a Vakalatnama whereas the notices on defendant nos. 2, 3, 4 and 5 have been served through refusal. Next date fixed in the matter is 10.7.2019.
The stand of the petitioners/plaintiffs is that the purchasers defendants (first set) are raising constructions on the land in question and thus trying to change its nature.
In the facts and circumstances of the case, it would be appropriate to direct that the Civil Judge (Senior Division), Ballia shall decide temporary injunction application (6-C2) pending in Original Suit No. 60 of 2019 on the next date fixed i.e. on 10.7.2019 after satisfying himself about the service of notice upon all the defendants.
It goes without saying that the presence of defendants would not be necessary, in case, they are properly served, for consideration of prayer for grant of ex-parte injunction in favour of the petitioners.
Subject to the above observations and directions, the present petition is disposed of.
Order Date :- 25.6.2019/Brijesh