Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3906 of 2018 Petitioner :- Gopal And Another Respondent :- Bal Khila And 15 Others Counsel for Petitioner :- Azad Khan,Matiur Rehman Khan Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present application has been filed for quashing the order dated 23.4.2018 passed by Additional District Judge, Court No. 6, Deoria in Civil Misc. Appeal No. 47 of 2016 (Gopal and Ram Subhag vs. Bal Khila and others) as well as order dated 29.9.2016 passed by Civil Judge, Senior Division, Court No. 18 in Original Suit No. 382 of 2008.
By the impugned order dated 29.9.2016 the interim injunction application filed by the plaintiff-petitioner was rejected on the ground that the plaintiff-petitioner has failed to make out any prima faice case.
From perusal of paper no. 22-Ga it is clear that map has been amended / corrected on the southern side of plot no. 216 and in the plaint no averment has been made regarding amendment and therefore, the plaintiff-petitioner has not come with clean hand. The interim injunction application was filed seeking relief that the petitioners are owner of plot no. 216 area 0.69 hectares as bhumidhar and the defendants-respondents be restrained from interfering in the construction of boundary wall that is being raised by the plaintiff-petitioner. The aforesaid order has been affirmed by the appellate court in appeal. It is also not in dispute that no interim order is operating in favour of the plaintiff-petitioner. The appellate court has noticed that after correction of the map in arazi no. 216 the area was recorded in khatauni as per the measurement and specific case of the defendant is that the area of the plaintiff was reduced in proceedings under Section 28 of the Land Revenue Act therefore, the case of the defendant is that the plaintiff with mala fide intention is trying to occupy the land.
After noticing the aforesaid fact, I do not find any legal infirmity in the order impugned herein, which is based on documentary evidence. Present petition is devoid of merits and is accordingly dismissed.
At this stage, learned counsel for the petitioner submits that the court below may be directed to decide the suit itself expeditiously.
In the facts and circumstances of the case, the court below is directed to expedite the hearing of the aforesaid suit and decide the same, in accordance with law, expeditiously by fixing short dates and no unnecessary adjournment shall be granted.
With the aforesaid observations/ directions, the present petition stands dismissed.
Order Date :- 28.5.2018 Lalit Shukla