Petitioner Counsel :- Anupanm Kulshrestha Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Krishna Murari, J.
Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1 and 2 and Shri D.D. Chauhan for respondent no. 3. With the consent of the learned counsel for the parties, the petition is being finally disposed of at this stage without calling for a counter affidavit.
Undisputed facts are that plaintiff-petitioners filed a suit for permanent injunction to restrain the defendant-respondent from interfering in his use and occupation of the suit property and dispossessing him by force or demolishing the standing constructions on the allegation that the part of the land in dispute is recorded in the revenue record as his 'abadi' while some part of it, has recorded as 'kabristan' and taking advantage of this fact, the respondents are trying to dispossess him by force and demolish the constructions on the ground that entire area is 'kabristan'. An application for temporary injunction was also moved which was dismissed by the trial court, against which an appeal was filed before the lower appellate court with a stay application. The lower appellate court vide order dated 20.08.2009 though admitted the appeal, but did not grant any interim stay and issued notices on the stay application. The grievance of the petitioner is that thereafter about ten dates have been fixed, but the lower appellate court has neither passed any order on the stay application nor disposed of the appeal. Considering the facts and circumstances of the case, writ petition stands disposed of with the direction to the 17th Additinal District Judge, Agra where the Misc. Appeal No. 71 of 2009 is stated to be pending, to dispose of the same as early as possible, preferably within a period of six weeks from the date of production of a certified copy of this order before him.
Till the disposal of the appeal, as directed aforesaid, the parties shall maintain status quo with respect to the nature and possession over the suit property as it exists today.
28.05.2010 VKS/ WP 219/10