Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 2687 of 2020 Petitioner :- Praveen Rastogi Respondent :- Waqf Named In S.M. College And 2 Others Counsel for Petitioner :- Sujeet Kumar,Arun Kumar Rana,Chhaya Gupta
Hon'ble Prakash Padia,J.
The petitioner has preferred the present petition with the following prayers:-
"(i) to set aside the impugned order dated 17.01.2020 (Annexure No.1 to the petition) passed by learned Civil Judge (Junior Division), Sambhal.
(ii) to quash the proceeding of Civil Suit No. 277 of 2020(Waqf named in S.M. College, Chandausi (Shyam Sunder Memorial Society Vs. Manager Axis Bank & others) pending before the learned Civil Judge (Junior Division), Sambhal.
(iii) issue any other order or direction, which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case.
(iv) award the cost of petition throughout in favour of the petitioner."
Learned counsel for the petitioner is permitted to delete the prayer no. 1, in so far as the prayer no. 2 is concerned.
It is argued by Shri Sujeet Kumar, counsel appearing on behalf of petitioner that the Original Suit No. 72 of 2019 was filed by the plaintiff-respondent in the court of Civil Judge (Junior Division), Sambhal and an application for the grant of interim injunction was filed in the said suit but the interim injunction was not granted only the notices were issued to the opposite party. Concealing the fact of the aforesaid suit another Suit No. 277 of 2020 was filed by the opposite party before the Civil Judge (Junior Division), Sambhal. In the said suit an interim injunction was granted in favour of the plaintiff-respondent by the trial court on 17.01.2020.
It is argued by the counsel for the petitioner that the second suit in which interim injunction was granted is barred by the provisions of Section 10 of the Code of Civil Procedure.
In this view of the matter, the Court is of the opinion that the petitioner is file an application to this effect before the trial court. In case, such application is filed within a period of two weeks from today, the court below is directed to pass appropriate orders on the same after hearing all the parties concerned within two months.
Order Date :- 27.7.2021 Swati