Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8057 of 2018 Petitioner :- Hargen Respondent :- Charittar And 3 Others Counsel for Petitioner :- Rama Shanker Yadav
Hon'ble Mrs. Sunita Agarwal,J.
Prayer in the present petition is to issue a direction to the Court below to decide the 6-C (temporary injunction application) pending in Original Suit No. 1156 of 2010 (Hargen and others Vs. Ram Charittar and another) It is admitted to the petitioner that the suit for injunction has been filed against the co-owners of the suit property. The plaintiff and the defendants belong to the same lineage and according to the plaintiff, they are in settled possession of their respective portions. The temporary injunction application filed in the year 2010 is pending consideration. An application 32-Ga has been filed by the defendant to make spot inspection of the site in question.
In view of the said averment, this Court is of the considered view that no interim injunction can be granted against the co- owners.
After a period of more than 8 years of filing of the suit, there is no justification to issue any direction to decide temporary injunction matter. In case of any fresh dispute, it is always open for the plaintiff to bring the matter before the Court below by moving an appropriate application.
The petitioner shall cooperate with the Court below so that the suit be decided expeditiously. It is expected that the Court below shall proceed with the suit as expeditiously as possible.
Disposed of.
Order Date :- 27.10.2018 Kamar