Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 4837 of 2019 Petitioner :- Bal Ram And 8 Others Respondent :- Mahaveer Prasad And 6 Others Counsel for Petitioner :- Dinesh Kumar Pandey
Hon'ble Ajay Bhanot,J.
Sri Dinesh Kumar Pandey, learned counsel for the petitioners contends that the respondents are trying to take possession over the disputed property. The petitioners have moved an application 6C in Original Suit no. 1289 of 1992 (Chhote Lal (deceased) and other Vs Mahaveer and others) which is pending before the learned Trial Court. There is an urgency in the matter. However, learned for the petitioners submits that since the civil courts are closed for summer vacations, urgent applications cannot be heard.
Since the matter is engaging attention of the Trial Court, it would be appropriate to the petitioners to approach the learned District Judge with an urgency application. In case, the petitioner files an application for urgent hearing of the interim injunction application the learned District Judge shall consider the same expeditiously in accordance with law and if found appropriate the learned District Judge may direct the competent vacation Judge to hear the urgency application as well as the application for interim injunction.
It is clarified that this Court has not returned any finding on the nature of urgency or the merits of the case, it is for the competent courts to do so in accordance with law.
The petition is disposed of.
Order Date :- 7.6.2019 Pravin