Heard Sri Vijay Kumar Pandey, learned counsel for the petitioners, learned Standing counsel for respondent nos.1 to 6 and Sri Dilip Kumar Pandey, learned counsel for respondent no.7.
Grievance of the petitioner is that Gata No.131,132 (old No.26/1, 26/2) of Village Harduwa is bhumidhari land of the petitioner and also recorded in CH Form-23 and CH Form-41. Goan Sabha is proceeding to demolish the structure made thereon and to construct panchayat building on the bhumidhari land of the petitioners. Feeling aggrieved, the petitioner filed Case No.788 of 2020 wherein interim injunction application under order 39 Rule 1 C.P.C. was also filed for the grant of interim injunction in the court of Civil Judge, Junior Division, Lakhimpur Kheri.
It is the case of the petitioner that during pendency of the case, Goan Sabha has proceeded to demolish the structure standing on the bhumidhari land of the petitioners and has illegally interfered in their peaceful possession.
Learned counsel for the petitioners submits that most of the structure standing has been demolished by the Goan Sabha and in case interim injunction is not considered within a stipulated period, great injustice will be done. Learned counsel further submits that if the application is not decided in a time-bound manner, the dispute will go on for a long duration. He has invited attention on certain documents and photographs to establish the title over the land in dispute. He lastly submits that in case direction is issued for consideration of his interim injunction application and to pass appropriate order in a time bound manner, justice would be met.
On the other hand, learned Standing Counsel and learned counsel for the respondent- Goan Sabha dispute the submissions advanced by learned counsel for the petitioners. It has further been submitted that the land belongs to Goan Sabha and in this regard, the dispute is pending consideration before the trial Court to adjudicate the same.
I have considered the submissions advanced by the learned counsel for the parties and perused the material on record.
It is admitted case of the parties that a Declaratory Suit No.788 of 2020 is pending in the court of Civil Judge, Junior Division, Lakhimpur Kheri in regard to the land in dispute and interim injunction application has also been filed along with that.
In view of the above, in the interest of justice, it will be appropriate to interfere in the matter by this Court.
Accordingly, this writ petition is finally disposed of with a direction to Civil Judge, Junior Division, Lakhimpur Kheri to consider the interim injunction application of the petitioners and to pass an appropriate order after providing opportunity of hearing to the parties to the suit within a period of two months from the date of production of a copy of this order.
It is made clear that till the period of two months, status quo on the property in dispute shall be maintained.
Order Date :- 4.2.2021 GK Sinha