Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5060 of 2018 Petitioner :- Harihar Respondent :- Civil Judge (Senior Division), Ghazipur And 5 Others Counsel for Petitioner :- Ram Pratap Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri R.P. Yadav, learned counsel for the plaintiff- petitioner.
In view of the order, which is proposed to be passed, notices need not go to the private respondents.
The petitioner is before this Court assailing the order dated 4.7.2018 passed by the Civil Judge (Senior Division), Ghazipur in Suit No.212 of 2018 (Harihar vs. Munna and others) insofar as it refuses to grant ad-interim injunction in favour of the petitioner under Order 39 Rule 1 of the Code of Civil Procedure and for direction to the respondents to maintain status quo and not to change the nature of the suit property till disposal of the application 6C (2) filed in the aforesaid suit.
Learned counsel for the petitioner states that the plaintiff- petitioner is about 78 years' old and his wife is also about 74 years' old. Both are old and infirm parents. The petitioner has filed a Suit No.212 of 2018 (Harihar vs. Munna and others) alongwith an application for interim injunction under Order 39 Rule 1 of Code of Civil Procedure against his son namely Munna Kannaujia and daughter-in-law Smt. Anshu Devi wife of Munna Kannaujiya, as they are trying to evict the petitioner from the suit property. The said injunction application has been entertained by the trial court on 4.7.2018 and on the said date, the notices have been issued to the defendants fixing the matter on 2.8.2018. There is imminent danger of eviction of the petitioner forcefully and all the three important conditions for the grant of temporary or interim injunction i.e., (i) Prima Facie Case; (ii) Balance of Convenience; and (iii) Irreparable Injury are in favour of the plaintiff but instead of according any ex- parte injunction order in most arbitrary manner the notices have been issued to the defendants. Meanwhile, the petitioner has also raised his grievance before the local administration and the relevant documents have been brought on record alongwith the writ petition. The request has been made that till disposal of the injunction application in question the defendants-respondents may be restrained from evicting the petitioner from the suit property.
Considering the above, this petition stands disposed of with the direction upon the Court concerned to decide the application 6- C (2) moved by the petitioner in Suit No.212 of 2018 (Harihar vs. Munna and others) in accordance with law on the next date fixed i.e. 2.8.2018 and in case there is any inconvenience on the said date, the trial court will decide the injunction application as expeditiously as possible and preferably within three months from the date of production of certified copy of this order. Till disposal of the injunction application the parties shall maintain status quo as on today qua the suit property.
Order Date :- 26.7.2018 RKP