Court No. - 35
Case :- MATTERS UNDER ARTICLE 227 No. - 4937 of 2019 Petitioner :- Gandhi Mohan Saxena Respondent :- Manohar Bhushan Inter College And 2 Others Counsel for Petitioner :- Mohit Kumar Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
Heard Shri Mohit Kumar, learned counsel for the petitioner and Shri Aniket Saran, learned counsel for the respondent Nos. 1 and 2.
A suit for permanent injunction filed by the petitioner was decreed by judgment and order dated 29.04.2017. An application under Order IX Rule 13 C.P.C. for setting aside ex parte order was moved by the respondent Nos.1 and 2, which is pending before the concerned Court. In the meanwhile, the petitioner filed Execution Case No.2 of 2019 in which the court below on 30.05.2019 had directed the concerned Police Station Prem Nagar to submit a report in regard to the construction made.
Contention of the counsel for the petitioner is that in the garb of the application under Order IX Rule 13 C.P.C,the respondent Nos.1 and 2 is making construction over the property in dispute. He further invited the attention of the Court to Annexure-7 wherein photographs of the construction being made by the respondents have been appended.
Shri Aniket Saran, learned counsel for the respondent Nos. 1 and 2 submits that no construction is being made over the property in dispute.
In view of the above statements so made by the counsel for the respondent Nos. 1 and 2, this writ petition is disposed of with the direction that both the parties shall appear before the Execution Court on the next date fixed, i.e., 07.07.2019 and no construction shall be made over the property in dispute till 07.07.2019.
The writ petition is disposed of with the aforesaid observation.
Order Date :- 26.6.2019 A.N. Mishra