Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 4839 of 2019 Petitioner :- Mohd. Irfan And 3 Others Respondent :- Haroon And 4 Others Counsel for Petitioner :- Lok Nath Shukla
Hon'ble Ajay Bhanot,J.
Sri Lok Nath Shukla, learned counsel for the petitioners contends that the respondents have started raising constructions on the disputed property. The petitioner has moved an application 6 (Ga) in Original Suit No. 162 of 2019 (Mohd. Irfan and others Vs Haroon and others) which is pending before the learned Trial Court. There is an urgency in the matter. However, learned for the petitioners submits that since the civil courts are closed for summer vacations, urgent applications cannot be heard.
Since the matter is engaging attention of the Trial Court, it would be appropriate to the petitioner to approach the learned District Judge with an urgency application. In case, the petitioner files an application for urgent hearing of the interim injunction application the learned District Judge shall consider the same expeditiously in accordance with law and if found appropriate the learned District Judge may direct the vacation Judge to hear the urgency application as well as the application for interim injunction.
It is clarified that this Court has not returned any finding on the nature of urgency or the merits of the case, it is for the competent courts to do so in accordance with law.
The petition is disposed of.
Order Date :- 7.6.2019 Pravin0