Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 792 of 2018 Appellant :- Maya Shanker And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Neelabh Srivastava,Adarsh Bhushan,Sumit Kumar Counsel for Respondent :- C.S.C.,Punit Kumar Gupta
Hon'ble Govind Mathur,Acting Chief Justice Hon'ble Chandra Dhari Singh,J.
This appeal is barred by limitation from 114 days. Ignoring the same we have examined merits of the case.
This appeal is preferred to question correctness of the order dated 09.04.2018 passed by learned Single Bench in Writ-C No.12720 of 2018.
By the order aforesaid learned Single Bench while awarding time to the respondents to file counter affidavit directed the parties to maintain status quo as on that day over the property in dispute.
The interim order aforesaid is admittedly an ex parte order, the petitioner may move an application for vacation of the order aforesaid as per provisions of Clause 3 of Article 226 of the Constitution of India.
In view of it, we are not inclined to interfere in the matter. However, if the petitioner prefers any application as per Clause 3 of Article 226 of the Constitution of India, it may be dealt with immediately after its filing and be placed before the Court for orders thereon.
The appeal, hence is disposed of.
Order Date :- 27.10.2018 Shahroz (Chandra Dhari Singh, J.) (Govind Mathur, A.C.J.)