Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 6377 of 2019 Petitioner :- Nanhe Ali Respondent :- Civil Judge And 4 Others Counsel for Petitioner :- Niraj Tiwari,Rohit Tiwari
Hon'ble Manoj Kumar Gupta,J.
The principal prayer made in the instant petition is for issuing direction to the trial court to decide the application for interim injunction Paper No.6-C in Original Suit No.1008 of 2019 within a stipulated period. It has also been prayed that till the injunction application is decided finally, the parties be directed to maintain status quo.
On 21.8.2019, this Court directed the petitioner to bring on record typed copy of order of the trial court dated 31.7.2019. The said order has not been complied with so far.
The court has perused the photo copy of order dated 31.7.2019 annexed with the petition. Thereby the trial court has declined to grant exparte injunction but has issued notice to the defendants inviting objections against the application 6-Ga fixing 29.8.2019 for its disposal.
The trial court has observed that no evidence has been filed on record by the plaintiff to prove the possession and title in respect of the suit property.
It is alleged that the defendants have collected building material over the suit property which the petitioner claims to be his abadi. It is also alleged that the common passage has been closed by the defendants by raising construction.
Since the order dated 31.7.2019 declining to grant exparte injunction is not under challenge, therefore, this Court is not inclined to grant such order in the instant petition. However, the trial court should make endeavour to decide the application for temporary injunction expeditiously by fixing short dates. In case the defendants seek unnecessary adjournments, it shall be open to the trial court to consider the request of the petitioner for grant of ad interim injunction till disposal of the application for temporary injunction.
The petition stands disposed of accordingly.
Order Date :- 30.8.2019 skv (Manoj Kumar Gupta, J.)