The petitioners filed a suit for permanent injunction in respect of gata no. 292 along with stay application. An ex-parte interim order has been granted on 1.4.2010. The opposite parties filed written statement and on consideration of the averments made in the written statement and hearing the parties, the application for the interim relief has been finally rejected on 24.4.2010 and appeal filed against the said order has also been dismissed. The trial court has rejected the stay application mainly on the ground that in respect of gata no. 292 in Writ Petition No. 17637 of 2008 arising from the consolidation proceeding this Court has directed the parties to maintain status-quo.
Learned counsel for the petitioners states that in consolidation proceeding, the plots have been exchanged and the petitioners have been alloted plot no. 292 and they are in possession over plot no. 292 which is apparent from the information received from the Assistant Consolidation Officer dated 6.11.2000 and further in Akar Patra no. 45. The names of the petitioners are duly mentioned inasmuch as in khasra and khatauni, which are at page nos. 35 and 36 of the petition, and the names of the petitioners are recorded and, therefore, the petitioners are entitled for interim order.
The matter requires consideration.
Issue notice to the respondents returnable at an early date. The petitioners may take steps to serve the respondents within 10 days by registered post.
List in the week commencing 18.7.2011.
Till the next date of listing, in respect of gata no. 292 the parties shall maintain status-quo.
Order Date :- 17.5.2011 OP