Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2802 of 2018 Petitioner :- Pushkarnath And 6 Others Respondent :- Sharda Prasad And 22 Others Counsel for Petitioner :- Mool Chandra,Bhaju Ram Pprasad Sharma Counsel for Respondent :- Satish Chaturvedi,Udit Chandra
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners and Sri Udit Chandra, learned counsel appearing for respondent nos. 1 to 3.
The present petition has been filed with a prayer to set aside the order dated 3.4.2018 passed by Civil Judge (Senior Division) Kaushambi in Suit No.60 of 2018 on the application under order 39, Rule 1 C.P.C. and further restrained the respondents/defendant nos.1 to 4 from making construction during the pendency of the original suit no.60 of 2018.
Learned counsel for the petitioners submitted that there is urgency for disposal of the interim injunction application particularly in view of the fact that the defendants are continuously raising construction over the said property. Photographs have been annexed with the petition as Annexure-5 to the petition.
While entertaining interim injunction application the trial court has issued notice to the defendants. According to the petitioners, they have not put in appearance till date. Under such circumstances it was left upon to the plaintiffs to get the service effected through special messenger.
However, from perusal of the record it is not clear as to whether any such steps have been taken by the plaintiffs or not.
According, to the petitioners the next date fixed before the court below is 4.5.2018.
Hence, present petition stands disposed of with liberty to the petitioners to move an application for taking steps through special messenger, if the steps through messenger have not been taken as yet by the plaintiffs/petitioners herein. Apart from that, the petitioners may also file an application for grant of an ex-parte interim injunction during the pendency of the interim injunction application, which shall be considered by the court below on its own merits.
With the aforesaid observations, the present petition stands disposed of.
Order Date :- 27.4.2018 Deepika