Court No. - 39
Case :- MATTERS UNDER ARTICLE 227 No. - 949 of 2019 Petitioner :- Mishri Singh @ Mishri Lal Respondent :- Gulam And 8 Others Counsel for Petitioner :- Jamwant Maurya
Hon'ble B. Amit Sthalekar,J.
Heard Sri Jamwant Maurya, learned counsel for the petitioner.
The petitioner in the writ petition is seeking quashing of the order dated 18.08.2018 whereby the appellate court has set aside the order of the trial court dated 02.09.2016 allowing the 6C application filed by the plaintiff-petitioner for temporary injunction against the respondents.
The contention of the petitioner was that he purchased the Plot No.644/Kha and Plot No.645M from Sachin Chauhan, Rajendra Saini and Lalit Mohan Joshi. On this finding the court below has granted the injunction. Learned counsel for the petitioner submits that the appellate court has proceeded on wholly erroneous finding that the plots in dispute are 644/Ka and 645.
The submission of the learned counsel for the petitioner is that the petitioner has constructed the wall and only the roof is required to be constructed. He submits that he may be allowed to complete the construction and set up the roof so that he may live in the premises otherwise his family will be on the road as he has no other accommodation.
However, considering that the suit itself is of the year 2015, the writ petition is disposed of with the consent of the learned counsel for the parties with a direction to the Judge Small Cause Court/Additional Civil Judge (Senior Division), Moradabad to decide the Original Suit No.485/2015 (Computer No.275/2015), Mishri Singh alias Mishri Lal Vs. Rakesh and Others expeditiously preferably within a period of six months from the date of receipt of a certified copy of this order.
Needless to say that no unnecessary adjournment will be granted to either of the parties.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 26.2.2019 N Tiwari