Court No. - 29
Case :- MATTERS UNDER ARTICLE 227 No. - 7973 of 2018 Petitioner :- Chandan Bhattacharya And Another Respondent :- Sapan Bhattacharya Counsel for Petitioner :- Mohammad Khalid Khan,Mohd.Sartaz Ahmad Siddiqui
Hon'ble Pankaj Mithal,J.
Petitioners are aggrieved by the non-decision of their application for interim injunction filed in their Original Suit No. 667 of 2018 (Chandan Bhattacharya and another Vs. Sapan Bhattacharya) for the partition of house No. 102 (old) new No. 127 situate in Mohalla Azad Square, South Malaka, Allahabad.
The submission of learned counsel for the petitioners is that on the said application being filed, notices were issued to the defendant in the suit and the service was held to be sufficient vide order dated 30.09.2018, but even then the court instead of considering the said application on merits directed it to be listed on 04.01.2019. Even the application of the petitioners to advance the date and to hear the application urgently was not considered, but was directed to put up on the date already fixed i.e. 04.01.2019.
The petitioners are claiming 3/4 share in the aforesaid and the respondent is admittedly a co-sharer and by interim injunction want that the respondent be restrained from inducting any outsider in the said property and from changing its nature and from transferring the same till the property is actually divided.
The non-consideration of the aforesaid application would ultimately defeat the very purpose of the suit and is likely to create complication and it may also result in creating disturbance in the living of the petitioners in the said house.
In view of the above, it is a proper case where the application for interim injunction of the petitioners ought to be considered expeditiously without wasting any time.
Accordingly, the writ petition is disposed of with the direction to the court concerned to consider the interim injunction application of the petitioners in accordance with law, most expeditiously, preferably within a period of six weeks from the date a copy of this order is produced before him by advancing the date already fixed for the consideration of the above application.
The writ petition is disposed of with the aforesaid direction.
Order Date :- 27.10.2018 Nirmal