Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 4922 of 2019 Petitioner :- Jai Chandra Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Phool Singh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
Prayer in the present petition is to issue a direction to the Civil Judge (Junior Division), Khaga, Fatehpur, to decide the temporary injunction application (7C) under Order 39 Rules 1 and 2 CPC in Civil Suit No. 147 of 2016 (Jai Chandra Yadav vs. Nirdesh Kumar Mishra and others) which has been filed by one Sri Jai Chandra Yadav namely the petitioner herein seeking for cancellation of sale deed dated 19.2.2014, which has been issued by the defendant no. 1 namely respondent no. 2 herein.
A perusal of the plaint indicates that the petitioner/plaintiff claims himself to be a power of attorney of the trust namely Vishwamitra Vidhyapeeth trust Maharishi Nagar, Ghaziabad. He claims that the suit property belongs to trust and after death of the original Sarwakar of the trust on 24.10.2010, Sri Pramod Singh son of Sri Beni Bahadur Singh resident of House No. 199, Mohalla, Shaharrabag, Sahar & District Allahabad is the managing trustee of the trust. The defendant no. 1 had no concern with the trust property and had illegally executed the sale deed on the basis of a forged authority letter dated 7.2.2014.
The prayer in the present writ petition is to issue direction to the Court below to decide the temporary injunction application as the defendant no. 2 is raising construction on the basis of the sale deed dated 19.2.2014.
In order to address the grievance of the petitioner, a pointed query made by the Court as to whether the power of attorney allegedly executed in favour of the petitioner is on record.
Learned counsel for the petitioner admits that such a power of attorney is not on record. However, he has handed over a copy of two pages of the authority letter attested on 06th April, 2019, which appears to be basis of the original suit filed by the petitioner.
A perusal of the authority letter indicates that it has been signed by one Shishupal Singh Yadav, trustee of the trust namely Vishwamitra Vidhyapeeth Maharishi Nagar. There is no averment in the plaint with regard to the Shishupal Singh Yadav being the trustee of the trust.
Moreover, the facts narrated in the present petition would not sufficient to grant any interim order in favour of the petitioner or to issue any direction to the Civil Judge (Junior Division), Khaga, Fatehpur to decide the temporary injunction application within stipulated period.
For the aforesaid, the present petition is found devoid of merits and hence dismissed.
It goes without saying that the Civil Judge (Junior Division), Khaga, Fatehpur shall not be guided by any of the observations made hereinabove and shall decide the temporary injunction application on its merit, after examining the material on record and the locus of the petitioner/plaintiff to maintain the civil suit.
Order Date :- 25.6.2019 Brijesh