Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 9864 of 2019 Petitioner :- Kulveer Singh And Another Respondent :- Dushyant Kumar And 3 Others Counsel for Petitioner :- Perdeep Kumar Vishnoi Counsel for Respondent :- Ashish Mishra
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioners and learned counsel for the respondent.
2. The petitioner prays for a direction to be issued to the learned Civil Judge (Junior Division), Nagina, District Bijnor, to consider and decide the application for temporary injunction filed by the petitioner on 29.10.2018 in Original Suit No.1006 of 2018: Kulveer Singh and another Vs. Dushyant Kumar and others.
3. It has been submitted by learned counsel for the petitioners that they had purchased the land in dispute through a registered sale deed on 20.07.2018 and have taken over possession with their co-tenure holder on the respective share over the land in question situated in Village Rampur Chhajmal Urf Nangali, Pargana and Tehsil Nagina, District Bijnor.
4. The respondent nos.2 to 4 have no concern with the disputed land and they are trying to dispossess the petitioners from the same and, therefore, the original suit in question for permanent prohibitory injunction has been filed. On the first day of hearing itself, the respondents-defendants appeared before the learned trial court and took time to file objections to the application for temporary injunction. Learned trial court gave time on 29.10.2018 and has been giving time thereafter repeatedly. No written statements or objections have been filed by the defendants and the petitioners are living under constant threat of being dispossessed.
5. This petition is disposed of with a direction to the learned trial court to consider and dispose of the Application 6C at the earliest, after giving one last opportunity to the respondents to file their objections. It is expected that learned trial court shall keep in mind the provisions of Rule 3 and Rule 3A of Order 39 of the C.P.C.
Order Date :- 18.12.2019 Rahul