Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 3117 of 2019 Petitioner :- Mukh Lal Respondent :- Somaru And Another Counsel for Petitioner :- Anil Kumar Mishra
Hon'ble Saurabh Shyam Shamshery,J.
Sri Anil Kumar Mishra, learned counsel for the petitioner submits that the petitioner in the present petition is arrayed as defendant in OS No 523 of 2014 (Somaru and another Vs Mukh Lal) pending before the Civil Judge (JD) Sonbhadra.
The petitioner is aggrieved by order dated 21.5.2018 whereby it has been directed that during the pendency of the suit, the status quo will be maintained in regard to the possession to the suit property as well as it is further directed that no alteration shall be made to the suit property. The learned counsel further submits that the order dated 21.5.2018 was challenged by the petitioner by way of filing Civil Misc Appeal No 24 of 2018 before the Distt Judge Sonbhadra. However the same was also dismissed under order dated 11.2.2019 affirming the order dated 21.5.2018. The learned counsel has brought on record various documents which are annexed to this petition including the Amin's report, map, Khatauni etc in order to substantiate his possession over the suit land as well as that the land is already declared Abadi. He further submits that due to impugned order, undue hardship has been caused to the petitioner inasmuch as he is unable to construct his house.
Considered the submissions made across the bar and perused the record.
At this stage, it cannot be said that the impugned orders are not legally correct as the findings are only for the purposes of interim injunction and the matter is still to be decided on merits.
Without going into the merits of the case, at this stage, this petition is disposed of attended with the direction that in case, an application is moved under Order 39, Rule 4 showing that undue hardship has been occasioned by the impugned order to the petitioner, the same will be decided in accordance with law within a period of four weeks.
Order Date :- 25.4.2019 MH