Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 9802 of 2019 Petitioner :- Jawahar Lal And 4 Others Respondent :- Kunjan Lal Jaiswal Law Degree College And 4 Others Counsel for Petitioner :- Ashok Kumar Patel,Rajnarayn Singh Yadav Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioners.
2. Learned counsel for the petitioners prays that a direction be issued to the learned trial court to decide the application for temporary injunction, Paper No.6-C in Civil Suit No.1880 of 2019 (Jawahar Lal and others vs. Kunjan Lal Jaiswal Vidhi Mahavidyalaya and others).
3. It has been submitted by the learned counsel for the petitioners that the Regular Suit was filed by the petitioners, who are the plaintiffs, in July, 2019. Although notice was issued to the defendants and steps were taken, the defendants have not appeared till date and are interfering in the peaceful possession of the land in dispute.
4. This Court has gone through the application for temporary injunction. It appears that the Suit was filed for cancellation of Sale Deed. Without the defendants appearing before the learned trial court, the application, Paper no.C-6 cannot be disposed of.
5. Since the defendants have not appeared till date, this petition is disposed of with a direction to the learned trial court to try alternative methods of service upon the defendants and try and dispose of the application of the petitioners at the earliest thereafter.
Order Date :- 17.12.2019 Sachin