Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 4826 of 2019 Petitioner :- Jiyaurrahman Respondent :- Atiqurrahman And Another Counsel for Petitioner :- Ramesh Chandra Agrahari
Hon'ble Ajay Bhanot,J.
Petitioner has assailed the order dated 29.05.2019 rejecting the application for interim injunction, in Original Suit no. 967 of 2019 (Jiyaurrahman Vs Atiqurrahman) pending before the learned Civil Judge (Junior Division), Kanpur Nagar.
Sri Ramesh Chandra Agrahari, learned counsel for the petitioner contends that the respondents/defendants in the suit are proceeding posthaste with constructions with a view to alter the suit property.
Learned counsel for the petitioner fairly concedes that the petitioner has a alternative remedy of filing an appeal before the appellate court against the order assailed in the instant petition. He however contends that the Civil Courts are closed for summer vacation and hence despite urgency he has no alternative remedy to invoke the jurisdiction of this Court under Article 227.
It is open to the petitioner to make an application before the learned District Judge, Kanpur Nagar for an urgent hearing of the appeal. In case such an application is filed along with memo of appeal supported by an application for interim injunction, the learned District Judge, Kanpur Nagar may consider the same and if required nominate a Judge to decide the application under the relevant provisions of law.
The petition is disposed of.
Order Date :- 6.6.2019 Pravin