Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9794 of 2018 Petitioner :- Gyanendra Singh Respondent :- Rajeev Kharbanda And 13 Others Counsel for Petitioner :- Parmatma Prasad Pandey
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the petitioner.
The prayer in the present petition is to issue a direction to the trial court namely the Civil Judge (Junior Division), Sharki, Allahabad to decide the temporary injunction application under Order 39 Rules 1 and 2 pending in Original Suit No. 2699 of 2011 (Ramkishor vs. Rajeev Kharbanda and others).
The said suit has been filed with regard to plot no. 552 measuring 0.1710 hectares situated in Mauja Andawa, Pargana Jhushi, Tehsil Phoolpur, District Allahabad. The relief of injunction was sought against the defendants on the ground that they had got their names recorded in the revenue records by playing fraud on the process of the Court. The suit for declaration under Section 229-B of U.P.Z.A.&L.R. Act had been filed by the plaintiff against the defendants.
A further perusal of the record indicates that an impleadment application paper no. 26Ka was filed with the assertion by the applicants therein that their names were recorded in the revenue records after determination of their rights in the suit property during the course of consolidation.
The injunction suit has been filed without impleadment of necessary party to the suit.
Noticing the above facts and for a period of seven years, no temporary injunction has been granted in favour of the petitioner, no direction can be given to decide the temporary injunction application.
It is open for the petitioner to lead his evidence and get the suit decided on merits.
It goes without saying that the observations made by this court herein would not come in the way of the petitioner/plaintiff and the trial court shall decide the suit, independently, without there being influenced by any of the observations made by this Court hereinabove.
Subject to the above, the present petition is dismissed. Order Date :- 25.1.2019 Brijesh