Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 7090 of 2019 Petitioner :- Radhey Shyam And 4 Others Respondent :- Panwaroo And 2 Others Counsel for Petitioner :- Ajay Kumar Rai,Ashish Kumar Srivastava Counsel for Respondent :- Smt. Saraswati Rai
Hon'ble Manoj Kumar Gupta,J.
Heard Shri Ashish Kumar Srivastava for the petitioners and Smt. Saraswati Rai for the respondents.
With their consent the instant petition is being disposed of finally without inviting any formal counter affidavit.
The petitioners instituted a suit bearing no. 483 of 2012 against the defendant-respondents alleging that the suit property belonged to Mahali. He had three sons namely Sarju, Naumi and Videshi. The original plaintiff Kamla through whom the present petitioners claimed title was son of Videshi. The defendants are sons of Naumi. The petitioners claimed title over a specific portion of the suit property alleging that the same was divided equally between the three brothers. The defendants do not dispute the title of the plaintiffs but they claimed that the partition had taken place in a different manner, shown by them in the map annexed with the written statement.
The trial court as well as the appellate court have refused to grant temporary injunction by the impugned orders and hence the instant petition.
Since the title of the plaintiff-petitioners is not in dispute but only the manner in which the partition had taken place is in issue, therefore, on suggestion of the Court, learned counsel for the parties agreed that the parties would maintain status quo in respect of the suit property as of date and prayed that a direction be issued to the trial court to decide the suit expeditiously.
Accordingly, the instant petition is disposed of by providing that the parties shall maintain status quo in respect of the suit property as of date and the trial court shall endeavour to decide the suit expeditiously by fixing short dates and without granting unnecessary adjournments to either of the parties.
Order Date :- 27.9.2019 VR (Manoj Kumar Gupta, J.)