Court No. - 3
Case :- FIRST APPEAL FROM ORDER No. - 2192 of 2018 Appellant :- Amit Kumar Vashista Respondent :- Smt. Balbiri Devi And 4 Others Counsel for Appellant :- Rahul Mishra,Abhishek Mishra
Hon'ble Pankaj Mithal,J. Hon'ble Rajiv Joshi,J.
This appeal has been preferred against the order dated 29.1.2018 by which parties to the suit have been directed not to interfere with the physical nature of the suit property.
The submission of Sri Rahul Mishra, learned counsel for the appellant is that plaintiff-respondents have filed the suit for injunction and cancellation of sale-deed and the interim injunction granted by the court below is contrary to the injunction dated 19.1.2018 passed in Original Suit No. 9 of 2018, which was operating in his favour. It is alleged that in both the suits, the property is common and the parties are also same.
We have perused the two injunction orders and find that they are in conflict with each other.
Both the parties have filed their objections in respective suits to the injunction application and that the interim injunction applications are pending for final disposal.
In view of the aforesaid facts and circumstances to mitigate the hardship, we direct the court below to consolidate both the aforesaid suits i.e. Original Suit No. 9 of 2018 and 12 of 2018 and to decide the interim injunction applications filed in both the above suits in accordance with law most expeditiously, if possible within three months but not exceeding the period of six months as provided in the Circular No. 24/Admin. 'G-II' of the High Court dated 16.8.2017.
In the meantime, both the parties are directed to maintain status quo with the regard to the nature and possession of the land in dispute.
The appeal is disposed of.
Order Date :- 30.4.2018 Noman