Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2999 of 2018 Petitioner :- Pawan Kumar Goyal Respondent :- Ayodhya Prasad And 5 Others Counsel for Petitioner :- Uma Nath Pandey Counsel for Respondent :- Kaushalendra Nath Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Kaushalendra Nath Singh, learned counsel appearing for the respondent no. 5.
Present writ petition has been filed for setting aside of the impugned order dated 13.4.2018 passed by the Additional Chief Judicial Magistrate- III/Civil Judge (Senior Division), Gautam Budh Nagar in Original Suit No. 643 of 2008, Pawan Kumar Goyal Vs. Ayodhya Prasad and others and further direct the Additional Chief Judicial Magistrate-III/Civil Judge (Senior Division), Gautam Budh Nagar to decide 6C 2 application on merits before deciding the aforesaid suit.
By the impugned order the court below has refused to pass an order observing that since the suit is pending for the last ten years no purpose would be served by passing any order on the interim injunction application and therefore, he has fixed a date for evidence.
Submission of learned counsel for the petitioner is that the temporary injunction application should have been decided finally either allowing it or rejecting it but the court cannot refuse to decide the application simply on the ground that the subject matter would be covered by Section 52 of the Transfer of Property Act and a direction has been issued by this Court to decide the suit within a time bound period.
I have considered the submissions.
Early disposal of the suit was directed by this Court at the instance of the petitioner himself. The court below is liable to pass final orders on the temporary injunction application and this can be done as expeditiously as possible.
Under such circumstances, the impugned order dated 13.4.2018 passed by the Additional Chief Judicial Magistrate-III/Civil Judge (Senior Division), Gautam Budh Nagar in Original Suit No. 643 of 2008, Pawan Kumar Goyal Vs. Ayodhya Prasad and others is set aside to the extent that it observes that no orders are required to be passed on the temporary injunction application.
The court below shall consider the interim injunction application on its own merits and pass final orders either allowing it or rejecting it on the interim injunction application as expeditiously as possible within a shortest possible period so that the order of this Court whereby time bound period has been fixed for deciding the suit itself is complied with.
Since this order is being passed in absence of the respondent no. 1 to 4, they are at liberty to file recall application for recalling this order if they are so aggrieved.
This writ petition stands allowed to the extent indicated as above. No order as to costs.
Order Date :- 30.4.2018 p.s.