Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4992 of 2021 Petitioner :- Jagwati Respondent :- Nain Singh And Another Counsel for Petitioner :- Pankaj Lal,R.S. Maurya Counsel for Respondent :- Km. Surabhi,Gaurav Dhama
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the records.
By means of this petition under Article 227 of the Constitution, the petitioner has challenged the order dated 18th August, 2021 passed by the Upper Civil Judge (Senior Division), Court No.7, Meerut granting temporary injunction while issuing notice to the opposite parties defendants in the Original Suit No.- 871 of 2021 (Nain Singh and another vs. Jagwati and another) on the ground that the land belonged to the Gaon Sabha and Gaon Sabha had not been impleaded as one of the defendants and the petitioner has been impleaded as Pradhan in the individual capacity deliberately to avoid mandatory requirement of prior notice under Section 80 of Code of Civil Procedure, 1908.
It is submitted that specific relief cannot be granted where land belongs to Gaon Sabha without impleading it as party and yet the court proceeded to pass an order of temporary injunction without looking to the facts and circumstances of the case.
In the considered opinion of the Court, the petitioner has remedy to approach the court concerned under Order XXXIX Rule 4 of Code of Civil Procedure, 1908 and looking to the facts and circumstances of the case and the fact that it is pleaded that the land belongs to the Gaon Sabha, the petitioner is directed to move appropriate application under Order XXXIX Rule 4 of C.P.C. within a period of two weeks from today.
In the event such application is filed, the court concerned shall consider first as to whether without impleading Gaon Sabha, temporary injunction order could have been granted only on the basis that Pradhan had been impleaded in individual capacity.
The application of the petitioner under Order XXXIX Rule 4 of C.P.C. shall in all circumstances be disposed of within next four weeks after giving full opportunity of hearing to the parties concerned and the order shall be a reasoned and speaking one.
With the aforesaid observations/ directions, this petition stands disposed of.
Order Date :- 7.10.2021 Atmesh