Court No. - 34
Case :- MATTERS UNDER ARTICLE 227 No. - 4741 of 2020 Petitioner :- Chandrika And 3 Others Respondent :- Jitendra Singh And 6 Others Counsel for Petitioner :- R.V. Pandey Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners and the learned Standing Counsel.
Present petition has been filed seeking the following reliefs:-
“(i) An order or direction for quashed the impugned order dated 27.10.2016 passed by the learned Civil Judge (Junior Division) Chandauli in Suit No. 502 of 2016 (Chandrika Vs. Jitendra & Others).
(ii) An order or direction to the trial Court to decide injunction application under order 39, Rule 1 of CPC filed in Suit No. 502 of 2016 (Chandrika Vs. Jitendra & Others), pending in the Court of Civil Judge (Junior Division), Chandauli.
(iii) An order or direction in the nature of mandamus commanding the respondents not to interfere in the peace full possession of the petitioner over the land in dispute either possession or sale deed in any manner, during the pendency of the Suit No. 502 of 2016 (Chandrika Vs. Jitendra & Others), pending in the Court of Civil Judge (Junior Division), Chandauli.”
Bearing in mind the fact that the suit for cancellation of an instrument was instituted only in 2016, no cause arises for framing any peremptory direction for its out of turn disposal. The petitioner has also failed to establish that the roster of that court would warrant such a direction being framed.
Accordingly, the writ petition is dismissed. However, it is left open to the petitioners to apply for expeditious disposal of the temporary injunction application before the concerned Civil Judge who shall endeavour to decide the same with expedition and preferably within six months from the date of communication of this order.
Order Date :- 21.1.2021 Krishna*