Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 8626 of 2017 Petitioner :- Dharmoo Yadav Respondent :- Ram Prasad Rajbhar And 5 Others Counsel for Petitioner :- Ratnesh Kumar Pandey Counsel for Respondent :- Sunil Kumar Singh Hon'ble Siddhartha Varma,J.
The case was taken in the revised call. No one has appeared for the respondents.
Temporary injunction was granted in favour of the plaintiff directing the defendants not to take possession of the property in question as per the sale deed dated 15.02.2010.
Learned counsel for the petitioner submits that the permanent injunction as had been prayed for finally in the suit could not have been granted by way of a temporary injunction. Under such circumstances, he prays that the temporary injunction be modified and it may be directed that till the disposal of the suit status quo as of today may be ordered and a direction be issued for a decision of the suit expeditiously.
No counter affidavit has been filed by the respondents.
Under such circumstances, the Temporary Injunction is being modified to the extent that the parties shall maintain status quo over the property in dispute. However, the suit be decided after the framing of issues. If issues have not been framed they be framed within one month.
The suit thereafter be decided on a day to day basis. Adjournment shall be granted only under very pressing circumstances and that too on the imposition of a minimum cost of Rs. 2000/-.
With these observations the writ petition is disposed of.
Order Date :- 27.11.2019/AS Rathor