Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3931 of 2018 Petitioner :- Javed Respondent :- Executive Officer And Another Counsel for Petitioner :- Anupam Kulshreshtha,Umang Srivastava Counsel for Respondent :- Saurabh Tiwari Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Saurabh Tiwari, learned counsel appearing for the respondents.
Present petition has been filed for setting aside the order dated 31.1.2018 passed by Civil Judge (Junior Division), Hathras in Original Suit No. 21 of 2008, whereby the court below has issued notices to the defendants-respondents.
The court below found that there is no occasion to grant ex- parte interim order.
Perusal of the order-sheet indicates that right from the date of the institution of the suit on several dates plaintiff-petitioner was granted time to take steps to serve the defendants- respondents but no steps were taken.
Now a notice to the defendants-respondents has been served on Sri Saurabh Tiwari, learned counsel appearing for the respondent no. 1.
In the facts and circumstances of the case, when the plaintiff- petitioner himself failed to take steps to serve the respondents in the suit, I do not find any good ground to interfere in the order impugned herein.
Learned counsel appearing for the defendant-respondent submits that the defendant-Nagar Palika Parishad shall put in appearance in the court below on or before the next date.
The petitioner may pursue the interim injunction application before the court below.
With the aforesaid observations, present petition stands dismissed.
Order Date :- 29.5.2018 Lalit Shukla