Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8055 of 2018 Petitioner :- Hargovind Singh Respondent :- Vishva Pratap Singh @ Cheenu And 2 Others Counsel for Petitioner :- Amar Singh
Hon'ble Mrs. Sunita Agarwal,J.
The prayer in the present petition is to issue a direction to the court below to decide the temporary injunction application pending in Suit No.42 of 2018 (Hargovind Singh Vs. Vishva Pratap Singh @ Cheenu & another) within stipulated period.
The suit has been filed with the relief of permanent injunction with the assertion that the village Gram Pradhan and her husband are trying to evict the plaintiff/petitioner from the suit property. The suit property is ancestral land of the plaintiff. The court below has refused to grant exparte interim injunction to the petitioner. However, on the direction issued by the court below, the steps have been taken for service of summons upon both the defendants. The defendant no.1 i.e. the husband of defendant no.2 who is sitting Gram Pradhan, has put in appearance in the said suit and has sought time for filing the written statement whereas the defendant no.2 has deliberately avoided the summons, as a result of it, the court below has directed the plaintiff to do parivi again for service of summons upon defendant no.2.
It is further submitted by learned counsel for the petitioner that an application dated 01.10.2018 has been given to the court below with the categorical assertion that both the defendants had arrived at the site in question on 23.09.2018 with J.C.B. and tried to dig the suit property and threatened the petitioner/plaintiff to the extent that they would demolish his house situated over the land in question.
With the said assertion, it is vehemently submitted by learned counsel for the petitioner that there is imminent danger to the suit property and in order to protect the interest of the plaintiff, the court below is required to take immediate action.
Having considered the submissions of learned counsel for the petitioner/plaintiff and having perused the plaint, the Amin Commission report and the application dated 01.10.2018 as also the order sheet of Original Suit No.42 of 2018, it is more than apparent that the defendant no.2 had deliberately avoided the service of summons of the suit whereas defendant no.1 had put in appearance in the suit. Both the defendant nos.1 & 2 are husband and wife. It cannot be accepted that the defendant no.1 was having information of the summons and defendant no.2 would not be served.
For the aforesaid, the present petition is disposed of with the direction to the court below to decide the temporary injunction application pending in the Original Suit No.42 of 2018 (Hargovind Singh Vs. Vishva Pratap Singh @ Cheenu & another), expeditiously, preferably within a period of three weeks from the date of submission of certified copy of this order.
It goes without saying that due opportunity be granted to all the defendants to file their objections before the court below but in any case the temporary injunction matter shall be decided within the time given above.
In case of non availability of the court below on the next date fixed fixed, it would be open for the petitioner to move an application before the District Judge, Farrukhabad who shall do the needful to ensure that the direction issued by this Court shall be complied.
Till the disposal of the temporary injunction application, the defendants shall be restrained from interfering in the possession of the plaintiff over the suit property. However, it is made clear that in case of any adjournment on the part of the plaintiff on the dates fixed for the disposal of the temporary injunction application, the protection granted herein above shall automatically stand abated.
Order Date :- 27.10.2018 Himanshu