Heard Sri Indra Pratap Singh, learned counsel for the petitioner and Sri Avanish Parihar, Advocate holding brief of Sri Manish Kumar for O.P. Nos. 1 and 2.
As the controversy involved in the present case is trivial in nature so with the consent of learned counsel for the parties the writ petition is finally disposed of at the admission stage.
Notice to O.P. Nos.3 to 8 are dispensed with.
Facts in brief in the present case as submitted by the counsel for the petitioner are that initially a suit for permanent injunction has been filed by the petitioner/plaintiff (registered as Regular Suit No. 495 of 1993), in the court of Additional Civil Judge (Jr. Div.)-I , Ambedkar Nagar, dismissed vide order dated 17.01.2011.
Aggrieved by the same, petitioner filed an appeal (appeal No. 27 of 2011) before O.P. No. 1 and in and an application for temporary injunction has also been moved.
Learned counsel for the petitioner further submits that the same has not been disposed of till date and in the meantime the respondent has started construction on the plot in question.
In view of he abvoesaid factual background, the present writ petition has been filed with the main prayer that:-
"(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite party No. 1 that they dispose of the stay application which is annexed alongwith the memo of Civil Appeal No. 27 of 2011.
(ii) Issue a writ order or direction in the nature of Mandamus commanding the opposite party No. 3 to 8 that they stop the construction upon the petitioner's land i.e. Gata No. 368 till the disposal of Civil Appeal No. 27/2011 (Dukhai Vs. Jiya Lal and others) which is pending before the opposite pary No. 1.
After hearing counsel for the parties present today and going through the record, I am of the opinion that the interest of justice will sub-serve if the O.P. No. 1/District Judge, Ambedkar Nagar is directed to dispose of the application for injunction/stay at an early date.
For the foregoing reasons, O.P. No. 1/District Judge, Ambedkar Nagar is directed to dispose of the application for injunction/stay at an early date, if possible, within a period of two weeks from the date receiving certified copy of this order in accordance with law.
With the above observations, the writ petition is disposed of.
It is clarified that this court has not adjudicated the claim of the petitioner on merit.
Order Date :- 3.3.2011 Ravi/